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Madras High CourtWP/6945/2020disposed of

M.R.Mani v. The Additional Chief Secretary To Government,

2020-03-18Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.03.2020

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.6945 of 2020 M.R.Mani ... Petitioner vs

1. The Additional Chief Secretary to Government, Industries Department, Namakkal Kavignar Maaligai, Secretariat, Fort St.George, Chennai - 600 009.

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

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the 1st respondent to take up the Unnumbered Second Appeal No.NIL of 2019 on the file of the 1st respondent filed by the petitioner on 06.05.2019 under Rule 36-C(3) of Tamil Nadu Minor Mineral Concession Rules, 1959 against the order of 2nd respondent dated 06.03.2019 passed in Rc.No.236/MM9/2018 and dispose off the same on merits by affording an opportunity of fair hearing to the petitioner in accordance with law expeditiously within a time frame as stipulated by this Court. For Petitioner : Mr.C.R.Pratap For Respondents : Mr.E.Manoharan, Special Government Pleader for R1 & R2

O R D E R

Mr.E.Manoharan, learned Special Government Pleader takes notice for the respondents. By consent of the parties, this writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a Mandamus to direct the 1st respondent to take up the Unnumbered Second Appeal No.NIL of 2019 on the file of the 1st respondent filed by the petitioner https://hcservices.ecourts.gov.in/hcservices/

on 06.05.2019 under Rule 36-C(3) of Tamil Nadu Minor Mineral Concession Rules, 1959 against the order of 2nd respondent dated 06.03.2019 passed in Rc.No.236/MM9/2018 and dispose off the same on merits by affording an opportunity of fair hearing to the petitioner in accordance with law expeditiously within a time frame as stipulated by this Court.

3. It is seen that the petitioner being aggrieved against the order of the 2nd respondent dated 06.03.2019, filed an appeal before the 1st respondent on 06.05.2019 under Rule 36-C

(3) of the Tamil Nadu Minor Mineral Concession Rules, 1959. The grievance of the petitioner that the said Appeal has not been taken up and decided so far.

4. Therefore, this writ petition is disposed of, without expressing any view on the merits of the claim made by the petitioner, only by directing to the 1st respondent to consider the appeal filed by the petitioner and pass appropriate orders on the same on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. No costs.

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

1. The Additional Chief Secretary to Government, Industries Department, Namakkal Kavignar Maaligai, Secretariat, Fort St.George, Chennai - 600 009.

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

+1cc to Mr.C.E.Pratap, Advocate, S.R.No. 23840 +1cc to the Government Pleader, S.R.No. 24310 W.P.No.6945 of 2020 GMR(CO) GN(02/07/2020) https://hcservices.ecourts.gov.in/hcservices/