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Madras High CourtWA/1547/2018disposed of

The State Of Tamil Nadu v. N. Tamil Selvi

2021-08-18Honourable Mr Justice T.Raja,Honourable Mr Justice V.Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2021

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA AND THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.A.NO.1547/2018 AND CMP.NOS.12509 AND 12510/2018

1. The State of Tamil Nadu rep. by Secretary to Government, Industries Department, Fort St. George, Chennai-9.

2. The District Collector, Madurai District, Madurai.

3. Govindan, The Assistant Director of Geology and Mining, Madurai.

... Appellants -vsN.Tamil Selvi ... Respondent Prayer:

Writ appeal filed under Clause 15 of the Letters Patent against the Common Order of the learned Single Judge made in W.P.No.12238 of 1998 dated 22.11.2006.

Prayer in W.P.No.12238 of 1998:- Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Certiorari, to call for the records of the 2nd Respondent's notice bearing ROC.NO.Mines/1043/98 dated 29.07.1998 quash the same. For Appellants : Mr.T.Arun Kumar, Government Advocate For respondent : Mr.K.Ramakrishna Reddy

JUDGMENT

(Judgment of the Court was pronounced by T.RAJA.J) This Writ Appeal has been directed against the order of the learned Single Judge made in W.P.No.12238 of 1998 dated 22.11.2006.

2.

When this Writ Appeal was called, learned Counsel on either side jointly submitted that in view of the observation made by the Hon'ble Apex Court in its order dated 10.07.2015 in SLP ( C ) No.17451/2015, following the same, the present Writ Appeal may be disposed of.

3.

In this regard, it is pertinent to extract the relevant portion here under:

''Permission to file special leave petition is granted.

Dismissed.

However, we grant three weeks' time to the petitioners to approach the authority concerned, if they so desire, inter alia, taking up all such objections which are available to them, including the grounds raised in these special leave petitions. The authority concerned shall decide the lis between the parties without being influenced by the affidavit filed before the High Court or any of the observations made by the High Court.

The authority concerned shall complete the entire proceedings within two months' time from today.'' 4.

In view of the above, following the order of the Apex Court dated 10.07.2015 passed in SLP ( C) No.17451/2015, the present Writ Appeal is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar tsi

To 1.The Secretary to Government, Industries Department, Fort St. George, Chennai-9.

2.The District Collector, Madurai District, Madurai.

+1cc to the Government Pleader, S.R.No.41726 W.A.No.1547/2018 BR(CO) PM/14/09/2021