E.Karnal v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY E.KARNAL ... Petitioner Vs 1.
THE COMMISSIONER, COMMISSIONERATE, DEPARTMENT OF GEOLOGY AND MINING, GUINDY INSTITUTIONAL AREA, SIDCO INDUSTRIAL ESTATE, GUINDY, CHENNAI, TAMILNADU.
2.
THE DISTRICT COLLECTOR, TIRUVALLUR COLLECTOR OFFICE, JAYA NAGAR, TIRUVALLUR, TAMIL NADU 602 001.
3.
EXECUTIVE ENGINEER, PWD ARAIVIYAR, BASIN DIVISION, ELIZHAM, CHEPAUK, CHENNAI - 5 4.
ASSISTANT DIRECTOR OF GEOLOGY & MINING THIRUVALLUR DISTRICT, THIRUVALLUR.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, direction directing the first respondent to dispose the petitioner's appeal dated 13.12.2024 to grant extension time of mining lease period for additional period of 30 days pertaining to the quarry at survey No.1374/1 (Part) Voyalur - II Village, Mammanikaleri, Ponneri Taluk, Thiruvallur District.
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For Petitioner : Mr.V.Balakrishnan For R1 to R4 : Mr.E.Vijay Anand Additional Government Pleader
ORDER
This writ petition is filed for a direction to the first respondent to dispose of the petitioner's appeal dated 13.12.2024.
2. Upon hearing the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents and perusing the affidavit filed in support of the writ petition and the material records of the case, it can be seen that the grievance of the petitioner is that there was a delay even in commencing the operations. There was unprecedented rain, due to which the quarry operations could not be carried out. There were also certain local festivals during which the petitioner was specifically instructed not to carry out the operations. In view thereof, the petitioner is seeking an additional period of 30 days.
3. The learned Additional Government Pleader appearing on behalf of the respondents, would draw the attention of the Court to Rule 12(2-A)(g) of the Tamil Nadu Minor Mineral Concession Rules, 1959. 2/4
4. In view thereof, when there is an express rule that an extension cannot be granted for whatever reason, this Court cannot come to the aid of the petitioner in violation of the statutory rule. Accordingly, the prayer of the petitioner cannot be countenanced. The writ petition stands disposed of. No costs.
28.03.2025 nsl To 1.
THE COMMISSIONER, COMMISSIONERATE, DEPARTMENT OF GEOLOGY AND MINING, GUINDY INSTITUTIONAL AREA, SIDCO INDUSTRIAL ESTATE, GUINDY, CHENNAI, TAMILNADU.
2.
THE DISTRICT COLLECTOR, TIRUVALLUR COLLECTOR OFFICE, JAYA NAGAR, TIRUVALLUR, TAMIL NADU 602 001.
3.
EXECUTIVE ENGINEER, PWD ARAIVIYAR, BASIN DIVISION, ELIZHAM, CHEPAUK, CHENNAI - 5 4.
ASSISTANT DIRECTOR OF GEOLOGY & MINING THIRUVALLUR DISTRICT, THIRUVALLUR.
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D.BHARATHA CHAKRAVARTHY, J.
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