Madras High CourtWP/7775/2017dismissed as infructuous

G.Prasath, S/O.Gandhivel, v. The District Collector

2017-04-03Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:03.04.2017

CORAM

THE HONOURABLE MR.JUSTICE RAVICHANDRABAABU W.P.No.7775 of 2017 G.Prasath ... Petitioner vs.

1. The District Collector, Dharmapuri District, District Collectorate, Dharmapuri-636 705.

2. The Assistant Director of Geology and Mining, Office of the Assistant Director, Dharmapuri - 636 705 ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondents to release the petitioner's Taras Lorry bearing Registration No.TN-28-AA-1774 from the 2nd Respondent's custody from 23.02.2017 based on the Petitioner's representation dated 17.03.2017 within the period that may be stipulated by this Hon'ble Court.

For Petitioner : Mr.M.Purushothaman For Respondents : Mr.C.Jagdish Special Government Pleader

O R D E R

This writ petition is filed by the petitioner seeking for a Writ of Mandamus to direct the respondents to release the petitioner's Taras Lorry bearing Registration No.TN-28-AA-1774.

2. Learned counsel appearing for the respondents submitted that already a final order under Section 36-A of the Tamil Nadu Mines and Mineral Concession Rules, has been passed on 20.03.2017 and therefore, it is for the petitioner to challenge the said order in the manner known to law.

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3. Considering the above stated facts and circumstances, this writ petition is dismissed as infructuous in view of the final order passed under Section 36-A of the said Act, however with liberty to the petitioner to challenge the said order before the appropriate Appellate Authority in the manner known to law. If any such appeal is filed, the Appellate Authority shall take up and decide the same on its own merits and in accordance with law within a period of four weeks from the date of receipt of the appeal. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar To

1. The District Collector, Dharmapuri District, District Collectorate, Dharmapuri-636 705.

2. The Assistant Director of Geology and Mining, Office of the Assistant Director, Dharmapuri - 636 705.

+2cc to Mr.M.Purushothaman, Advocate Sr.19523 W.P.No.7775 of 2017 nm1[co] srg 4/4/2017 https://hcservices.ecourts.gov.in/hcservices/