K.Vanarajan v. The Commissioner Of Geology And Mining

2024:MHC:2277

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2024

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH and WMP.Nos.15891 & 15893 of 2024 K.Vanarajan .... Petitioner Vs 1.The Commissioner of Geology and Mining, Guindy, Chennai - 600 032.

2.The District Collector, Dindigul District, Dindigul.

3.The Assistant Director of Geology and Mining, Dindigul, Dindigul District.

.... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned order passed by the 1st respondent in his proceedings Rc.No.200/MM6/2024, dated 08.05.2024 and quash the same and consequently direct the respondents 2 and 3 to extend the lease period of six months in so far relate to quarry operation in the Government Promboke Land in S.F.No.1823(P) to the extent of 2.00.0 Hectare in Kambiliampatti Village, Dindigul East Taluk. 1/4

For Petitioner : Mr.C.Prakasam For Respondents : Mr.P.Harish Government Advocate

O R D E R

Read this order in continuation of and in conjunction with order dated 05.06.2024, that reads thus:

'Mr.E.Veda Bagath Singh, learned Special Government Pleader accepts notice for the respondents and points out that the impugned order is appealable. 2.List on 12.06.2024 at the end of admission list to enable the petitioner to file an appeal within a period of one week from today.'

2.Mr.C.Prakasam, learned counsel appearing for the petitioner confirms that the petitioner has filed a statutory appeal in terms of Section 36(C)(3) of the Tamil Nadu Minor Mineral Concession Rules, 1959. The appeal has been filed on 11.06.2024 within the period of one week as granted by the Court.

3.An apprehension is expressed that the authority might take a view that the appeal is belated, seeing as the impugned order is dated 08.05.2024 and an appeal ought to have been filed within 30 days from date of receipt of that order.

4.However, this apprehension is misplaced, seeing as the writ petition has been instituted on 03.06.2024 within the period of statutory 2/4

limitation and the appeal has also been filed within a period of one week granted by the Court.

5.The appellate authority will take on file the appeal and dispose the same on merits and in accordance with law. 6.With this, as nothing further survives in this writ petition for adjudication, this writ petition and connected miscellaneous petitions are closed. No costs.

12.06.2024 vs Index:Yes/No Speaking order:Yes To 1.The Commissioner of Geology and Mining, Guindy, Chennai - 600 032.

2.The District Collector, Dindigul District, Dindigul.

3.The Assistant Director of Geology and Mining, Dindigul, Dindigul District.

3/4

DR.ANITA SUMANTH,J.

vs W.P.No.14617 of 2024 and WMP.Nos.15891 & 15893 of 2024 12.06.2024 4/4