Dr. C.R.Tamilvanan, v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.08.2015
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.5493 of 2015 and M.P.No.1 of 2015 Dr. C.R.Tamilvanan [ Petitioner ] Vs 1 The Principal Secretary to Government Industries Department Fort St. George Madras-9.
2 The Director of Geology & Mining Guindy Madras-32.
3 The Deputy Director Geology and Mining Krishnagiri.
4 P.K.Selvaraj Managing Partner M/s. Pluto D Granites 635 5th East Cross Street.
K.K.Nagar Madurai Town.
[Respondents] Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus directing the respondents 2 and 3 to issue necessary Permits and Despatch orders to the petitioner so as to enable the petitioner to remove and transport the Granite blocks cut by the petitioner from the quarry land in S.No.420/1 measuring 1.38 acres and in S.No.411/1 measuring 0.70 acres (in all measuring 2.08 acres) in Balegulli Village Pochampalli Taluk Krishnagiri District (which quarry land has been leased out to the 4th respondent under G.O. (3D) No.121 Industries (E2) Department Dated 05.05.1995) by considering the petitioner representation dated 01.09.2014 followed by a reminder dated 01.12.2014 as expeditiously as possible.
For Petitioner : Mr.Shanmuga Associates For Respondents : Mr.M.S.Ramesh, AGP (R1-3) Mr.K.Ramakrishna Reddy (R-4)
O R D E R
Heard the learned counsel appearing for the petitioner and Mr.M.S.Ramesh, learned Additional Government Pleader, who took notice for the respondents 1 to 3 and Mr.K.Ramakrishna Reddy, learned counsel for respondent 4.
2.The writ petition has been filed under Article 226 of the Constitution of India seeking direction to the respondents 2 and 3 to issue necessary Permits and Despatch orders to the petitioner so as to enable him to remove and transport the Granite blocks cut by him from the quarry land in S.No.420/1 measuring 1.38 acres and in S.No.411/1 measuring 0.70 acres (in all measuring 2.08 acres) in Balegulli Village, Pochampalli Taluk, Krishnagiri District (which quarry land has been leased out to the 4th respondent under G.O. (3D) No.121 Industries (E2) Department Dated 05.05.1995), by considering the petitioner's representation dated 01.09.2014 followed by a reminder dated 01.12.2014 as expeditiously as possible.
3. Though the prayer is omnibus in nature, the learned counsel for the petitioner submits that it would be suffice if a direction is given to the respondents 2 and 3 to dispose of the petitioner's representation dated 01.09.2014 followed by a reminder dated 01.12.2014 on merits, within a time frame.
4. Learned Additional Government Pleader appearing for respondents 1 to 3 would submit that a reasonable time may be given to the respondents to dispose of the petitioner's representations.
5. In view of the limited prayer now sought for by the learned counsel for the petitioner and also taking into consideration the submissions made on either side and upon perusal of the counter affidavits, without expressing anything with regard to the merits of the case, I hereby direct the 2nd respondent to consider and pass appropriate orders on the representation of the petitioner dated 01.09.2014, on its own merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after affording due opportunity to the petitioner as well as the 4th respondent.
The writ petition is disposed of with the above direction. No costs. Connected miscellaneous petition is closed. Sd/- Assistant Registrar True Copy Sub Assistant Registrar rg
To 1 The Principal Secretary to Government Industries Department Fort St. George Madras-9.
2 The Director of Geology & Mining Guindy Madras-32.
3 The Deputy Director Geology and Mining Krishnagiri.
1 cc to Mr. Shanmuga Associates, Advocate Sr.No.42568 1 cc to Government Pleader.Sr.No.42393 1 cc to Mr. K.Ramakrishna Reddy, Advocate Sr.No.41935 W.P.No.5493 of 2015 rj(co) pmk.14.8.2015