The State Of Tamilnadu v. M/S.Dalmia Bharat Sugar And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.01.2017
CORAM
THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR W.A.No.72 of 2017
1. The State of Tamilnadu rep. by its Secretary to Government Department of Industries, Labour and Co-operation Fort St.George, Chennai-9.
2. The Secretary Industries Department (MMDI) and (MMCI) Fort St.George, Chennai-9.
3. The Commissioner Department of Geology and Mining Guindy Industrial Estate, Chennai-32.
4. The Deputy Director Geology and Mining Collectorate Complex, Salem.
5. The District Collector Salem-636 001.
... Appellants/Respondents Vs.
M/s.Dalmia Bharat Sugar and Industries Ltd.
(previously known as Dalmia Cement (Bharat) Ltd.) A company incorporated under the Indian Companies Act, 1913 having its registered office at Dalmiapuram District Tiruchirapalli, Tamil Nadu inter alia, carrying on business under the name and style of Dalmia Magnesite Corporation at Salem Tamil Nadu - 636 012 rep. by its Managing Director, Jai Hari Dalmia ... Respondent/Petitioner Prayer: Appeal under Clause 15 of the Letters Patent against the order dated 21.10.2016 in W.M.P.No.25308 of 2016 in W.P.No.29275 of 2016.
W.M.P.No.25308 of 2016 in W.P.No.29275 of 2016 : To pass an order of ad-interim injunction, restraining the Respondents their men, agents and servants from interfering with the mining operations of the petitioners in the petition schedule premises and to continue to issue permits to remove the excavated minerals namely Magnesite and Dunite on payment of the requisite royalty, (In WMP.25308 of 2016) pending disposal of the above W.P.No.29275 of 2016 respectively.
Prayer in W.P.No.29275 of 2016 : To issue a Writ of Mandamus forbearing the Respondents from interfering with the mining operations of the petitioners in the petition schedule premises and directing the Respondents to continue to issue permits to excavate minerals namely Magnesite and Dunite on payment of the requisite royalty and without insisting of an Environmental Clearance Certificate.
For Appellants : Mr.R.Muthukumarasamy Advocate General assisted by Mr.T.N.Rajagopalan Special Government Pleader
JUDGMENT
(Delivered by the Hon'ble Chief Justice) A speaking interim order was passed by the learned Single Judge on 21.10.2016 and realizing the importance of early disposal, the matter was posted on 18.11.2016 for disposal. The appellants, being government authorities, as usual, did not file the counter affidavit in time and the counter was filed on the anvil of the hearing on 17.11.2016. The matter was, thus, adjourned to today.
2. We see no reason why this Court should interfere with the interim discretionary order when the matter is already coming up for final hearing before the Court today. It is for the authorities to canvass their case before the learned Single Judge.
The appeal is accordingly dismissed. Consequently, C.M.P.No. 1215 of 2017 is closed.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar
sasi To
1. The Secretary to Government State of Tamilnadu Department of Industries, Labour and Co-operation Fort St.George, Chennai-9.
2. The Secretary Industries Department (MMDI) and (MMCI) Fort St.George, Chennai-9.
3. The Commissioner Department of Geology and Mining Guindy Industrial Estate, Chennai-32.
4. The Deputy Director Geology and Mining Collectorate Complex, Salem.
5. The District Collector Salem-636 001.
+1cc to Mr.T.Poornam, Advocate, S.R.No.5175 +1cc to the Government Pleader, S.R.No.5263 W.A.No.72 of 2017 SSI(CO) CA(03.02.2017)