Anthonisamy v. The Commissioner Of Geology

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2015

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.2195 of 2015 and M.P.Nos.1 and 2 of 2015 Anthonisamy ... Petitioner Vs.

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

2.The District Collector Ariyalur District, Ariyalur.

3.The District Revenue Officer Udaiyarpalaiyam Taluk, Ariyalur District.

4.The Assistant Director of Geology and Mining, Ariyalur District, Ariyalur.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to proceedings of the 3rd respondent vide his proceedings Na.Ka.A3/3563/2014 dated 08.10.2014 and to quash the same consequently to direct the 3rd respondent to release bullock cart of the petitioner forthwith.

For Petitioner : Mr.T.Muruganantham For Respondents : Mr.T.N.Rajagopalan Special Government Pleader

O R D E R

Heard Mr.T.Muruganantham, learned counsel appearing for the

petitioner and Mr.T.N.Rajagopalan, learned Special Government Pleader. With the consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself. 2.The petitioner challenges the order passed by the third respondent dated 08.10.2014 by which the petitioner has been directed to pay a sum of Rs.25,130/- on the ground that he has transported illegally quarried sand. Apart from the petitioner, there are 10 others who have been directed to pay similar fine for having alleged to have committed such an offence. However, this writ petition is confined only to the writ petitioner Anthonisamy. 3.The learned counsel for the petitioner submitted that the third respondent has passed the impugned order, without affording an opportunity of hearing to the petitioner and therefore, it is in violation of the principles of natural justice. 4.Heard the learned Special Government Pleader on the above submission.

5.On a perusal of the impugned proceedings, it is seen that the third respondent has not afforded an opportunity of personal hearing to the petitioner. Therefore, the impugned order is held to be in violation of the principles of natural justice. Accordingly, the petitioner is directed to treat the impugned proceedings as show cause notice and to submit his objections within a period of one week from the date of receipt of a copy of this order. On receipt of the objections, the Authority shall consider the same and shall pass a reasoned order on merits and in accordance with law, within a period of one week thereafter and if the Authority is of the opinion that the petitioner has committed an offence, it shall also decide on the proportionate penalty taking note of the fact that the petitioner's bullock cart and bullock has been seized.

6.This writ petition is accordingly disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vga

To 1.The Commissioner of Geology and Mining, Thiru Vi.Ka Industrial Estate, Guindy, Chennai - 600 032.

2.The District Collector Ariyalur District, Ariyalur.

3.The District Revenue Officer Udaiyarpalaiyam Taluk, Ariyalur District.

4.The Assistant Director of Geology and Mining, Ariyalur District, Ariyalur.

1 cc to Mr.T.Muruganantham ,Advocate, SR.No.5011 1 cc to Government Pleader,Sr.No5116 W.P.No.2195 of 2015 sk(co) pmk.12.2.2015