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Madras High CourtWP/3275/2018dismissed as infructuous

P.Thangamuthu Samy, v. Government Of Tamil Nadu,

2018-12-13Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2018 CORAM :

THE HON'BLE MR. JUSTICE D. KRISHNAKUMAR W.P. No.3275 of 2018 and WMP. Nos.4023 & 4024 of 2018 P.Thamgamuthu Samy

...Petitioner

Vs.

1. Government of Tamil Nadu, Industries (MMC.1) Department, Represented by Additional Chief Secretary, Fort St George, Chennai - 600 032.

2. The Commissioner of Geology and Mining, Thiru.Vi.Ka. Industries Estate, Guindy, Chennai - 600 032.

3. The District Collector, Thiruppur District, Thiruppur.

4. Deputy Director, Geology and Mining, Thiurppur.

...Respondents

PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India to pass an order in the nature of Writ of Certiorarified Mandamus, to call for the entire records of the 3rd Respondent made in RC. No.953/Mines/2007 dated 26.12.2017, proceedings of the 2nd respondent in Lr.No.9277/MM11/2017 dated 29.12.2017 and the consequential proceedings of the 1st respondent in Lr.No.120/MMC.1/2018-1 dated 08.01.2018 and quash the same as arbitrary, illegal and unreasonable and further direct the respondents herein to permit the petitioner herein to carry on quarrying operation for the entire lease period in the mining lease granted by the 3rd respondent in Na.Ka.No.175/Minerals/2013 dated 24.10.2013. For Petitioner : V.P.Sengottuvel For Respondents : Mr.A.Zahir Hussain Government Advocate.

O R D E R

The petitioner has preferred this Writ Petition to quash the records of the 3rd Respondent made in RC.

No.953/Mines/2007 dated 26.12.2017, proceedings of the 2nd respondent in Lr.No.9277 /MM11 /2017 dated 29.12.2017 and the consequential proceedings of the 1st respondent in Lr.No.120/MMC.1/2018-1 dated 08.01.2018 and to direct the respondents herein to permit the petitioner to carry on quarrying operation for the entire lease period in the mining lease granted by the 3rd respondent in Na.Ka.No. 175/ Minerals/2013 dated 24.10.2013.

2. The learned counsel for the petitioner submitted that the lease period granted to the petitioner under Lease Deed dated 24.10.2013 was expired on 23.10.2018.

3. In view of the above, there is nothing further survives for adjudication in the Writ Petition. Accordingly, this Writ Petition is dismissed as infructuous. Consequently, connected miscellaneous petitions also closed. If any grievance of the petitioner is concerned to work out the remedy in accordance with law. No costs.

rkp Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. Government of Tamil Nadu, Industries (MMC.1) Department, Represented by Additional Chief Secretary, Fort St George, Chennai - 600 032.

2. The Commissioner of Geology and Mining, Thiru.Vi.Ka. Industries Estate, Guindy, Chennai - 600 032.

3. The District Collector, Thiruppur District, Thiruppur.

4. Deputy Director, Geology and Mining, Thiruppur W.P. No.3275 of 2018 gp(co) kak(10/01/2019)