S.Sundararaj v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.05.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA S.Sundararaj ... Petitioner vs 1.The State of Tamil Nadu Rep. by its Additional Chief Secretary to Government Industries Department, Fort St. George, Chennai - 600 009.

2.The Director, Department of Geology and Mining, Guindy, Chennai - 600 032.

3.The District Collector, Salem.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st Respondent herein to consider the representation of the petitioner dated 23.02.2024 and forthwith grant permission to remove the 'Dunite' and over burden waste as per the application submitted by the petitioner under rule 12 (1) (K) of the Mineral (Other than Atomic and Hydrocarpons Energy Minerals) Concession Rules, 1/4

2016 in respect of the lands to an extent of 77.50.0 hectares in SF No.178 of Jagirampalayam Taluk, Salem District.

For Petitioner : Mr.A.Saravanan For Respondents : Mr.E.Vijay Anand Special Government Pleader

ORDER

The present Writ Petition is filed for a writ of Mandamus seeking to direct the 1st Respondent herein to consider the representation of the petitioner dated 23.02.2024 and forthwith grant permission to remove the 'Dunite' and over burden waste as per the application submitted by the petitioner under rule 12 (1) (K) of the Mineral (Other than Atomic and Hydrocarpons Energy Minerals) Concession Rules, 2016 in respect of the lands to an extent of 77.50.0 hectares in SF No.178 of Jagirampalayam Taluk, Salem District.

2. When the matter is taken up for hearing today, Mr.E.Vijay Anand, learned Special Government Pleader appearing for the respondents would submit that the representation of the petitioner dated 23.02.2024 seeking permission to remove 'Dunite' occurring in association with Magnesite is pending with the 1st respondent. He would further submit that the representation of the petitioner will be considered and suitable orders will be 2/4

passed in accordance with law, within a period of four weeks, after hearing all interested parties.

3. Recording the submission of the learned Special Government Pleader appearing for the respondents, the Writ Petition is disposed of directing the 1st respondent to consider and pass orders on the representation of the petitioner dated 23.02.2024 within a period of four weeks from the date of receipt of a copy of this order. No costs.

09.05.2024 Index : Yes / No Speaking order : Yes / No : Yes / No dm/kkn 3/4

A.D.JAGADISH CHANDIRA , J.

dm To 1.The Additional Chief Secretary to Government, State of Tamil Nadu, Industries Department, Fort St. George, Chennai - 600 009.

2.The Director, Department of Geology and Mining, Guindy, Chennai - 600 032.

3.The District Collector, Salem.

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