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Madras High CourtWP/19218/2024disposed of with direction

V.Murali, v. The Government Of Tamil Nadu,

2024-09-30Honourable Mr Justice M.Dhandapani4 pages

In the High Court of Judicature at Madras Dated : 30.9.2024 Coram :

The Honourable Mr.Justice M.DHANDAPANI Writ Petition No.19218 of 2024 & WMP.Nos.21088 & 21089 of 2024 V.Murali

...Petitioner

Vs 1.The Government of Tamil Nadu, rep.by its Secretary, Geology & Mining Department, Fort St.George, Chennai-9.

2.The Deputy Director of Geology & Mining, Kancheepuram.

3.The District Collector, Kancheepuram District.

Kancheepuram.

4.The District Forest Officer, Kancheepuram District, Kancheepuram.

5.K.Vasan

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorari to call for the records relating to the order passed by the third respondent in Rc.No.53/Q3/2020 dated 05.6.2024 and quash the same.

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For Petitioner :

Mr.S.Parthasarathy For R1 to R3 :

Mr.LSM.Hasan Fizal, AGP For R4 :

Mr.T.Seenivasan, SGP (Forest) For R5 :

Mr.N.Jothi, SC for Mr.S.Vinod

ORDER

As against the impugned order passed by the third respondent, there is an appeal remedy available before the Director of Geology & Mining, Chennai under Rule 36-C(2) of the Tamil Nadu Minor Minerals (Concession) Rules, 1959. Without exhausting the appeal remedy, the writ petition has been filed, which is not maintainable.

2. The petitioner is directed to file an appeal before the Director of Geology & Mining, Chennai within a period of two weeks from the date of receipt of a copy of this order. If such an appeal is filed, the Director of Geology & Mining, Chennai is directed to consider the same without taking to consideration the period spent during the pendency of this writ petition and after affording an opportunity of personal hearing to the petitioner as well as the fifth respondent, shall pass appropriate orders within a period of twelve weeks from the date of receipt of such an appeal.

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3. The writ petition is disposed of with the above directions. No costs. Consequently, the connected WMPs are closed. 30.9.2024 Index : Yes (or) No : Yes (or) No To 1.The Government of Tamil Nadu, rep.by its Secretary, Geology & Mining Department, Fort St.George, Chennai-9.

2.The Deputy Director of Geology & Mining, Kancheepuram.

3.The District Collector, Kancheepuram District.

Kancheepuram.

4.The District Forest Officer, Kancheepuram District, Kancheepuram.

5.The Director of Geology & Mining, Chennai.

RAP 3/4

M.DHANDAPANI,J RAP WP.No.19218 of 2024 & WMP.Nos.21088 & 21089 of 2024 30.9.2024 4/4