K.J.Dhinesh v. The Government Of Tamilnadu
2024:MHC:2508
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 02.07.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.18004 of 2024 and WMP Nos.19747 and 19749 of 2024 K.J.Dhinesh ... Petitioner Vs 1.The Government of Tamil Nadu, rep. by its Principal Secretary to Government, Department of Revenue & Disaster Management, Fort St. George, Secretariat, Chennai - 600 009.
2.The Director of Geology and Mining, Guindy Institutional Area, SIDCO Industrial Estate, Guindy, Chennai - 600 032.
3. The District Collector, Collectorate Campus, Ranipet, Ranipet District.
4. The Assistant Director, Department of Geology and Mining, Ranipet, Ranipet District.
.... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the impugned notice issued by the 3rd respondent in Na.Ka.No.139/2024 (Mines) dated 18.06.2024 and quash the same, consequently direct the 4th respondent to 1 / 4
renew bulk permit as per the lease deed dated 12.10.2022 vide Doc.No.5972 of 2022.
For Petitioner : Mr.N.L.Rajah Senior Counsel for Mr.M.R.Elavarasan For Respondents : Mr.Stalin Abhimanyu Additional Government Pleader
O R D E R
Mr.Stalin Abhimanyu, learned Additional Government Pleader accepts notice for respondents and is armed with instructions to enable a final disposal of this Writ Petition, even at this juncture. Hence, by consent, this Writ Petition is disposed finally, even at the stage of admission.
2. This Writ Petition has been filed challenging a show cause notice dated 18.06.2024 issued by the third respondent/District Collector, Ranipet.
3. The contentions raised on behalf of the petitioner are firstly, that the impugned notice has been signed on behalf of the District Collector and not the District Collector himself.
4. There is nothing untoward in this as it is a normal practice for the show cause notice to be signed by a responsible person in the office of the notice issuing authority and not the authority himself.
5. Secondly, that it is based on certain complaints received telephonically. This Court does not find anything untoward in this also, as complaints of any 2 / 4
nature would have to be looked into by the authority and it is preferable that the enquiry be caused with the person against whom complaint is targeted rather than enquiry being caused behind the back of the person. Hence the procedure adopted in issuing the impugned notice is found to be correct.
6. Mr.Stalin would assure the Court and the petitioner that enquiry would be caused and an order passed, after hearing the petitioner, the complainant and any others, who may be deemed appropriate for proper adjudication of the matter, within a period of four (4) weeks from date of receipt of a copy of this order.
7. This finds acceptance from the petitioner as well and, recording the aforesaid submission, this Writ Petition is dismissed. No costs. Connected Miscellaneous Petitions are closed.
02.07.2024 sl Index : Yes / No Speaking Order:Yes To 1.The Government of Tamil Nadu, rep. by its Principal Secretary to Government, Department of Revenue & Disaster Management, Fort St. George, Secretariat, Chennai - 600 009.
2.The Director of Geology and Mining, Guindy Institutional Area, SIDCO Industrial Estate, Guindy, Chennai - 600 032.
3 / 4
Dr.ANITA SUMANTH,J.
Sl
3. The District Collector, Collectorate Campus, Ranipet, Ranipet District.
4. The Assistant Director, Department of Geology and Mining, Ranipet, Ranipet District.
W.P.No.18004 of 2024 and WMP Nos.19747 and 19749 of 2024 02.07.2024 4 / 4