S.S.Minerals, 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 No.36208 of 2015 1.S.S.Minerals Rep. by its Managing Partner, L.Samuel Baskaran 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 PETITION 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.No.264 dated 02.11.2015 and quash the same and direct the Respondents to execute the lease deed in accordance with the G.O.Ms.No.57 Industries (MMD1) Department dated 03.11.2010 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. This Writ Petition lays a challenge to the G.O.Ms.No.264 dated 02.11.2015, whereby, the petitioner's application for condonation of delay dated 07.08.2015 was rejected by the first respondent/State Government.
1.1. Along with the captioned Writ Petition, four (4) other Writ Petitions were heard by me. These being: W.P.Nos.36204 to 36207 of 2015.
2. Counsels were agreed that W.P.No.36204 of 2015 be treated as the lead Writ Petition and, accordingly, common submissions were made qua all writ petitions, including the captioned petition.
3. Apart from the captioned Writ Petition, the other Writ Petitions referred to above are filed by an entity going by the name Riverways Mines and Minerals Limited.
4. It is a common ground between parties and their counsels, that, there is a similarity of circumstances and, therefore, the issues, which arise in the captioned Writ Petition, are similar to those, which arise in W.P.No.36204 of 2015.
5. Counsels, at the commencement of the hearing in the case, had indicated that, the decision, which is reached by the Court in W.P.No.36204 of 2015 would apply to this case also.
6. Since, I have allowed W.P.No.36204 of 2015 and remanded the matter to the first respondent/State Government, similar conclusion is reached by me, in this matter as well. 7.
Therefore, applying the decision rendered in W.P.No.36204 of 2015, the impugned order, i.e., G.O.Ms.No.264, dated 02.11.2015, is set aside.
8. 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.
9. The captioned writ petition is allowed in terms of judgement 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 Mr. Richardson Wilson, Advocate Sr. 16821 +1cc to the Government Pleader, Sr. 16518 Order in Writ Petition Nos.36208 of 2015 KS(CO) VR(11/04/2017)