S.Ramya Geethanjali v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.10.2020

CORAM

THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA W.P.No.14984 of 2020 (Heard through VC) S.Ramya Geethanjali .. Petitioner Vs.

1. The District Collector, District Collector Office, Ranipet District, Ranipet - 632 401.

2. The Assistant Director of Geology and Mining, Ranipet District, Ranipet - 632 404.

.. Respondents PRAYER: Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to extend the period of lease for the mine in S.F.No.1/4 (part.19) of Anandalai Village to an extent of 1.00.0 hectare, Walaja Thaluk, Ranipet District formerly Vellore District under District Collector, Vellore Proceeding No.Rc.A.36/2009 (Mines) dated 12.07.2010 due to Covid - 19 as claimed in the petitioner's representation dated 10.06.2020 in a time bound period and for other reliefs.

For Petitioner : Mr.K.Mohanamurali For Respondent-1 :

Mr.V.Shanmugasundar Special Government Pleader For Respondent-2 :

Mr.E.Manoharan Special Government Pleader

O R D E R

By consent of both parties, the writ petition is disposed of at the stage of admission itself.

2. The relief sought for in this Writ Petition is for issuance of a Writ of Mandamus, directing the respondents to extend the period of lease for the mine in S.F.No.1/4 (part.19) of Anandalai Village to an extent of 1.00.0 hectare, Walaja Thaluk, Ranipet District formerly Vellore District under District Collector, Vellore in Proceeding No.Rc.A.36/2009 (Mines) dated 12.07.2010 due to Covid - 19 as claimed in the petitioner's representation dated 10.06.2020 in a time bound period and for other reliefs.

3. The petitioner is a successful bidder for S.F.No.1/4 (part.19) to an extent of 1.00.0 hectare, Valaja Taluk, Ranipet District, as per the Proceedings of the District Collector, Vellore in Rc.A.36/2009 (Mines) dated 12.07.2010. Accordingly, the lease for quarrying in the said property was executed between the petitioner and the first respondent vide Doc.No.7125 of 2010 dated 12.07.2010 on the file of the Sub Registrar Office, Sathuvachari, Vellore. Thereafter, due to COVID-19, the entire business operation in quarry came to a standstill. In the meanwhile, the lease period came to an end on 11.07.2020. The petitioner had invested more than Rs.50 lakhs towards machinery for the purpose of quarrying and at present the machineries were under the control of the financiers.

Though the Government of Tamil Nadu has gradually announced a relaxation, the petitioner is unable to remove the quarry materials because of the expiry of the lease period. In this regard, the petitioner has given a representation dated 10.06.2020 to the first respondent explaining the difficulties due to Covid-19 and sought extension of the lease period till 12.07.2021. The said letter was received by the first respondent, but till today no orders were passed. Hence, the petitioner filed this present writ petition.

4. Heard both sides and perused the materials available on record.

5. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representation dated 10.06.2020, enquire into the same and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner and the persons interested in this regard and by affording them an opportunity of personal hearing or virtual hearing or otherwise considering their written objections and after verifying the relevant documents, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rsi/asr

To

1. The District Collector, District Collector Office, Ranipet District, Ranipet - 632 401.

2. The Assistant Director of Geology and Mining, Ranipet District, Ranipet - 632 404.

+1cc to Mr.K.Mohanamurali, Advocate in Sr.No.34226 +1cc to The Government Pleader, in Sr.No.34692 W.P.No.14984 of 2020 MP(CO) CS/10/11/2020