Madras High CourtWP/17790/2023disposed of

M.Venkatraman v. The Commissioner

2023-06-16Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2023 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI M.Venkatraman ... Petitioner Vs.

1.The Commissioner of Geology & Mining, Guindy, Chennai - 600 032.

2.The District Collector, Krishnagiri District, Krishnagiri.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent herein to pass orders on the second appeal dated 14.11.2022 of the petitioner herein preferred against the order of the 2nd respondent in his proceedings in Roc.No.666/2021/Mines dated 17.10.2022 in accordance with law, within a limited time frame after affording an opportunity of personal hearing to the petitioner herein.

For Petitioner : Mr.R.Thamaraiselvan For Respondents : Mr.E.Veda Bagath Singh Special Government Pleader ***** Page No.1 of 4

ORDER

This Writ Petition has been filed seeking for a Writ of Mandamus, to direct the first respondent herein to pass orders on the second appeal dated 14.11.2022 of the petitioner herein preferred against the order of the second respondent in his proceedings in Roc.No.666/2021/Mines dated 17.10.2022 in accordance with law within a limited time frame after affording an opportunity of personal hearing to the petitioner herein.

2. Mr.E.Veda Bagath Singh, learned Special Government Pleader accepts notice for the respondents. In view of the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.

3. The case of the petitioner is that, the second respondent vide proceedings dated 27.10.2009 granted lease for quarrying to the petitioner. Thereafter, the lease period was extended by the second respondent and supplementary lease deed was also executed. However, the Revenue Divisional Officer, Krishnagiri, imposed penalty of Rs.3,17,67,288/- to the petitioner on 17.02.2022. Challenging the same, the petitioner preferred an appeal dated 14.03.2022 before the second respondent, however, the second respondent confirmed the order passed by the Revenue Divisional Officer. Aggrieved by Page No.2 of 4

the same, the petitioner had preferred second appeal dated 14.11.2022 before the first respondent. Since the same was not disposed by the first respondent, the petitioner filed the above Writ Petition before this Court for appropriate directions.

4. Though very many grounds have been raised in the writ petition, the learned counsel for the petitioner would submit that, it would suffice, if this Court issues a direction to the first respondent to dispose of the appeal dated 14.11.2022 filed by the petitioner as expeditiously as possible.

5. The learned Special Government Pleader appearing for the respondents submits that the appeal filed by the petitioner dated 14.11.2022 will be considered on merits and in accordance with law and appropriate orders will be passed as early as possible.

6. In view of the aforesaid submissions, this Court, without going into the merits of the case, directs the first respondent to dispose of the appeal dated 14.11.2022 filed by the petitioner, within a period of twelve (12) weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner.

Page No.3 of 4

M.DHANDAPANI, J.

7. With the above directions, this Writ Petition is disposed of. No costs. 16.06.2023 Index : Yes / No Speaking order / Non-speaking order sp To 1.The Commissioner of Geology & Mining, Guindy, Chennai - 600 032.

2.The District Collector, Krishnagiri District, Krishnagiri.

Page No.4 of 4