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Madras High CourtWP/44347/2016withdrawn dismissed

M/S.Yes Yes Minerals, v. The Secretary

2022-01-05Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Nos.44347 & 44348 of 2016 M/s.Yes Yes Minerals Rep. by its Partner Mr.S.Krishnaraj No.21, Om Sakthi Street, Poolambadi Post, Veppanthattai Taluk, Perambalur District - 621 110.

... Petitioner in both W.Ps Vs 1.The Secretary, Ministry of Mines, Government of India, Shastri Bhavan, Rafik Marg, New Delhi - 110 001.

... 1st Respondent in W.P.No.44347 of 2016 2.The Secretary, Industries Department, Secretariat, Fort St. George, Chennai - 600 009.

... 2nd Respondent in W.P.No.44347/2016 and 1st Respondent in W.P.No.44348 of 2016 3.The Commissioner of Geology & Mining, Guindy Industrial Estate, Chennai - 600 032.

... 2nd Respondent in W.P.No.44348/2016 Prayer in W.P.No.44348/2016: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to grant the conditional mining lease to the Petitioner for the proposed Rare Mineral for mining over an area of 8.59.5 Hectares in SF.Nos.434/2, 435/3(P), 436/3, 437/1 and 437/2(p) of Vanagiri Village, Sirkazhi Taluk, Nagapattinam District, Tamil Nadu based upon the representation of the petitioner dated 14.11.2016.

Prayer in W.P.No.44347/2016: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to grant exemption to the petitioner's pending application dated 02.01.2003 from Section 10A(2C) of the Mines and Minerals (Development and Regulation) Amendment Act, 2015 based upon the representation of the petitioner dated 19.11.2016.

For Petitioner in both W.Ps : Mr.Krishna Ravindran For Respondents in both W.Ps : Mr.T.S.N.Prabhakaran Central Government Standing Counsel for R1 in W.P.No.44347 of 2016 : Mr.B.Vijay Additional Government Pleader for R2 in W.P.No.44347 of 2016 and RR1 and 2 in W.P.No.44348 of 2016 COMMON ORDER Learned counsel appearing for the petitioner made a submission through video conferencing that he may be permitted to withdraw the writ petitions.

2.In view of change of law, the cause aroused for the purpose of filing of the writ petitions became vanished. If any grievance exists for the petitioner, it is left open to them to adjudicate the matter in the manner known to law. 3.With these observations, the petitioner is permitted to withdraw the writ petitions as per the request made by the learned counsel for the petitioner through video conferencing. Accordingly, the writ petitions stand dismissed as withdrawn. No costs.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR

cse To 1.The Secretary, Ministry of Mines, Government of India, Shastri Bhavan, Rafik Marg, New Delhi - 110 001.

2.The Secretary, Industries Department, Secretariat, Fort St. George, Chennai - 600 009.

3.The Commissioner of Geology & Mining, Guindy Industrial Estate, Chennai - 600 032.

+2cc to Mr.Krishna Ravindran, Advocate Sr.917, 916 +1cc to the Government Pleader Sr.1620 W.P.Nos.44347 & 44348 of 2016 gpl[co] srg 31/01/2022