Madras High CourtWP/8516/2022disposed of

K.Palaniswamy v. The Secretary To Government

2022-06-17Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.06.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.8516 of 2022 K. Palaniswamy

...Petitioner

vs.

1. The Secretary to Government, Industries Department, Fort, St. George, Chennai - 600 009.

2. The Assistant Director, Department of Geology and Mining, Alandur Road, Industrial Estate, Guindy, Chennai - 32.

3. The District Collector, District Collectorate, Coimbatore - 641 018.

4. The District Revenue Officer, O/o. The District Revenue Officer,

5. The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Coimbatore North, Coimbatore.

6. The Tahsildar, Taluk Office,

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to process the petitioner's application dated 23.01.2017 in registration No.TN/IND/CBE/UTM/23JUN21/1033265-IND in respect of granting quarry license in petitioner favour to extract quartz and feldspar from the land in S. No.377/2, 377/3 and 379/1A2.

For petitioner : Mr.I.Abrar Mohamed Abdullah For respondents : Mr.B.Vijay, Addl. Govt. Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to pass final orders on the petitioner's application dated 23.01.2017 seeking for grant of quarry licence in petitioner's favour to extract quartz and feldspar from the land in S. No.377/2, 377/3 and 379/1A2, within a time frame to be fixed by this Court.

2. Heard Mr.I. Abrar Mohamed Abdullah, learned counsel for the petitioner and Mr.B.Vijay, learned Additional Government Pleader for respondents.

3. The petitioner has applied for quarry licence on 23.01.2017 with the respondents. According to the petitioner, his application has been forwarded by the first respondent to the 3rd respondent for consideration. Since, the application has not been considered till date, the petitioner has filed this writ petition.

4. On the last hearing date on 07.04.2022, the learned Additional Government Pleader appearing for the respondents made a statement before this Court that the application submitted by the petitioner seeking for quarry licence is under consideration.

However, he has submitted that certain requirements have to be complied with by the petitioner for the grant of quarry licence in his favour. Till date, the application submitted by the petitioner seeking for quarry licence is still kept pending. No final orders have been passed till date either accepting or rejecting the petitioner's application. No prejudice would be caused to the respondents, if the petitioner's application seeking for quarry licence is considered on merits and in accordance with law after affording

a fair hearing to the petitioner including granting him the right of personal hearing.

5. For the foregoing reasons, this Court directs the second and third respondents to pass final orders on the petitioner's application dated 23.01.2017 seeking for grant of quarry licence in his favour to extract quartz and feldspar from the land in S. No.377/2, 377/3 and 379/1A2 within a period of eight weeks from the date of receipt of a copy of this order after affording a fair hearing to the petitioner including granting him the right of personal hearing.

6. With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-VII) // True Copy // Sub Assistant Registrar vsi2 To