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Madras High CourtWP/15864/2025disposed of

C.Natarajan v. The District Collector

2025-04-29Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :29.04.2025

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.15864 of 2025 & W.M.P.No.17945 of 2025 C.Natarajan, M/63.

S/o.Chennimalaigounder, 153-A, Vengalappalayam, Sarkar Kathankanni Village, Uthukuli Taluk, Tiruppur District -638 752.

... Petitioner /versus/

1. The District Collector, Office of the District Collector, Collectorate, Tiruppur District, Tiruppur.

2. The Assistant Director of Geology And Mines, Collectorate, Tiruppur District, Tiruppur.

3. The Tahsildar, Office of The Tahsildar, Uthukuli Taluk, Tiruppur District.

4. K.Palanisamy, Proprietor Of M/S.V.P.S. Stone Quarry, Having Office At Door No.39, Sengadu, Rakkiyaapalayam Village, Uthukuli Taluk, Tiruppur District.

... Respondents 1/6

Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, by calling for the records relating to the Impugned Order made in Na.Ka.No.300/2023/Mineral dated 11.12.2024 on the file of the 1st respondent upholding the Quarrying Lease License for the period between March 2023 and March 2028 granted by the 2nd respondent in favour of the 4th respondent through order dated 20.03.2023 made in Na.Ka.No.628/2018/Mineral and quash the same as illegal. For Petitioner : Mr.N.S.Suganthan.

For Respondents : Mr.Stalin Abimanyu, Additional Government Pleader, for R1 to R3

O R D E R

The writ petition is filed challenging the impugned order dated 11.12.2024. The said order was passed on the complaint of the petitioner that was made against the 4th respondent with reference to several violations. After conduct of enquiry by hearing both sides, the District Collector has now ordered continuing the permission that is granted to the 4th respondent by revoking the suspension. The petitioner is aggrieved of the said order. It can be seen that the said order is passed in exercise of power Rule 36(c) of the Tamil Nadu Minor Mineral Concession Rules, 1959. Any such order passed is 2/6

appealable within a period of 30 days before the Commissioner, Department of Geology and Mining, Chennai. But however, it can be seen that the petitioner has also been pursuing the remedies before the National Green Tribunal, Chennai with reference to the other violations.

2. In view thereof, the delay if any on the part of the petitioner can be condoned and the appeal if any, filed within two weeks shall be treated as in time. Since, this Court is not deciding any of the allegations that are made against the 4th respondent, in view of the nature of the order is passed, this writ petition is disposed of at the admission stage without notice to the 4th respondent.

(i) The petitioner shall file an appeal before the Commissioner, Department of Geology and Mining, within a period of two (2) weeks from the date of receipt of the web copy of the order without waiting for the certified copy of the order.

(ii) The Registry shall return the original impugned order to the petitioner so as to enable him to file the appeal 3/6

(iii) As and when such an appeal is filed, the Commissioner, Department of Geology and Mining, shall treat the appeal as within time and issue notice to the petitioner as well as the 4th respondent and decide the appeal in the manner known to law.

(iv) The appeal shall be decided within a period of 12 weeks from the date of filing of the appeal. The contention of both parties, namely, the petitioner as well as the 4th respondent is kept open to be raised before the said authorities in the manner known to law.

Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

29.04.2025 :No.

bsm To,

1. The District Collector, Office Of The District Collector, Collectorate, Tiruppur District, Tiruppur.

2. The Assistant Director of Geology And Mines, Collectorate, Tiruppur District, Tiruppur.

4/6

3. The Tahsildar, Office of The Tahsildar, Uthukuli Taluk, Tiruppur District.

4. The Government Pleader, High Court, Madras. 5/6

D.BHARATHA CHAKRAVARTHY, J.

bsm Writ Petition No.15864 of 2025 29.04.2025 6/6