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Madras High CourtWP/14797/2022disposed of

M/S.Nacomat Exports v. The Secretary,

2022-06-28Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.NO.14797 OF 2022 Nacomat Exports, Represented by its Proprietor, Mr.A.Jaganathan ... Petitioner vs.

1. The Secretary, Industries Department, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai - 600 009.

2. The Commissioner of Geology and Mining, Guindy, Chennai.

3. The District Collector, Dharmapuri District.

4. The Sub Collector, Dharmapuri District.

5. Revenue Divisional Officer, Dharmapuri District.

6. Tahsildar, Dharmapuri.

...Respondents

Prayer:

Writ petition filed under Article 226 of the Constitution of India for writ of Mandamus directing the respondents to process the petitioner's lease application dated 03.05.2017 within a fixed time frame and grant Lease for Quarrying Operations for requisite period.

For Petitioner : Mr.M.Arun For Respondents : Mr.B.Vijay Additional Government Pleader

ORDER

This writ petition has been filed for mandamus seeking for a direction to the respondents to process the petitioner's lease application dated 03.05.2017 within a time frame to be fixed by this court.

2. The petitioner has applied for quarry lease and has submitted an application dated 03.05.2017 with the respondents seeking permission. Since the application has not been processed till date, he has filed this writ petition.

3. Heard Mr.M.Arun, learned counsel for the petitioner and Mr.B.Vijay, learned Additional Government Pleader appearing for the respondents.

4. On instructions, learned Additional Government Pleader would submit that the petitioner's application is being processed and the report is being awaited from the Sub Collector, Dharmapuri for land availability.

5. Since the petitioner's application is already under process, no prejudice would be caused to the respondent if the petitioner's application is considered on merits and in accordance with law after affording a fair hearing to the petitioner within a time frame to be fixed by this Court.

6. For the foregoing reasons, this Court directs the third respondent to pass the final orders on the petitioner's application dated 03.05.2017 seeking for permission to quarry on lease in respect of his patta land in Survey Nos.12, 13/2, Mookkanur Village, Dharmapuri Taluk, Dharmapuri District within a period of twelve weeks from the date of receipt of a copy of this Order.

7. With the aforesaid direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// nl Sub Assistant Registrar

To

1. The Secretary, Industries Department, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai - 600 009.

2. The Commissioner of Geology and Mining, Guindy, Chennai.

3. The District Collector, Dharmapuri District.

4. The Sub Collector, Dharmapuri District.

5. The Revenue Divisional Officer, Dharmapuri District.

6. The Tahsildar, Dharmapuri.

+1cc to the Government Pleader, S.R.No.41106 W.P.No.14797 of 2022 SSI(CO) PM/14/07/2022