Riverways Mines And v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 03.01.2017 DELIVERED ON : 15.03.2017 Coram The Honourable Mr.Justice RAJIV SHAKDHER Writ Petition Nos.36205 to 36207 of 2015 1 Riverways Mines and Minerals Limited Rep. by its Director K.Balasubramaniyan 6/9 Kasturi Estate 3rd Street Poes Garden Chennai-86.
.... Petitioner Vs 1 The State of Tamil Nadu Rep. by its Secretary to Government Industries Department Fort St. George Secretariat Chennai-9.
2 The District Collector Tiruchirappalli District Tiruchirappalli.
3 Thiru. C.V.Shankar I.A.S.
Additional Chief Secretary to Government Industries Department Fort St. George Secretariat Chennai-9.
4 Additional Chief Secretary to Government Industries Department Fort St.
George Secretariat Chennai-9.
.... Respondents PETITIONs filed under Article 226 of The Constitution of India praying for the issuance of Writ of Certiorarified Mandamus calling for the records of the 4th Respondent in G.O.Ms.Nos.262, 260 and 263 dated 02.11.2015 and quash the same and direct the Respondents to execute the lease deed in accordance with the G.O.Ms.Nos.69, 70 and 43 Industries (MMD1) Department dated 27.09.2010, 29.12.2010 and 27.12.2010 in a time bound manner.
For Petitioner :
Mr.Wilson, S.C.
for Mr.Richardson Wilson For Respondents :
Mr.R.Muthukumarasamy, Advocate General Assisted by Mr.S.Diwakar
O R D E R
1. In view of the decision rendered in W.P.No.36204 of 2015. the captioned Writ Petitions, which have been filed by Riverways Mines and Minerals Limited, will have to be allowed, as it is the common stand of counsels for both parties that, save and except, the number of the impugned G.O and the description of the lease land in issue, all other circumstances are similar to those articulated in W.P.No.36204 of 2015. 2.
Therefore, applying the decision rendered in W.P.No.36204 of 2015, the impugned orders, i.e., G.O.Ms.Nos.262, 260 and 263 of even date, i.e., 02.11.2015 are set aside.
3. The first respondent/State Government is directed to reconsider the case of the petitioner, in the light of the notification dated 11.07.2016, after taking into account, the observations made by the Central Government and the concerned departments, which would include DAE and AERB.
4. The captioned writ petitions are allowed in terms of judgment passed in W.P.No.36204 of 2015. Resultantly, pending miscellaneous applications shall stand closed as well. There shall, however, be order as to costs.
Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar sl To 1.The Secretary, Industries Department, Government of Tamil Nadu, Secretariat, Fort St. George Chennai-600 009.
2.The District Collector,Tiruchirappalli District Tiruchirappalli.
3.The Additional Chief Secretary to Government, Industries Department, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai-600 009.
+1cc to M/S. Richardson Wilson, Advocate Sr. 16822 +3cc to the Government Pleader Sr. 16517, 16521, 16520 Order in Writ Petition Nos.36205 to 36207 of 2015 KS(CO) VR(11/04/2017)