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Madras High CourtWP/24880/2016disposed of

A.N.S.Mines & Minerals v. The Regional Controller Of

2016-08-29Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2016

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.24880 of 2016 A.N.S.Mines & Minerals Rep. By its Proprietor A.N.S. Arunjeyakumar, 84/3. Engineers Complex, Sangu Nagar, Erode - 638 011.

... Petitioner Vs

1. The Regional Controller of Mines, Indian Bureau of Mines, C-4-A, Rajaji Bhavan, Chennai - 600 090.

2. The Commissioner of Geology and Mining, Guindy, Chennai - 600 032.

3. The District Collector, Collector Office, Erode - 638 011.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st respondent to dispose the petitioners Mining Application dated 07.01.2010 which is now currently pending before the 2nd and 3rd respondents in a time bound manner. For petitioner :

Mr.S.Rajmakesh For 1st respondent :

M/s.Meenakumari, CGSC For respondents 2 & 3 :

Mr.S.Diwakar Special Government Pleader

ORDER

Heard Mr.S.Rajmakesh, learned counsel for the petitioner; M/s.S.Meenakumari, learned Central Government Standing Counsel for the 1st respondent and Mr.S.Diwakar, learned Special Government Pleader for the 2nd respondent. With the consent of the learned counsel on either side, the writ petition is taken up for final disposal.

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2.The petitioner seeks for issuance of a writ of mandamus directing the 1st respondent to dispose of their Mining Application dated 07.01.2010 which is now currently pending before the respondents 2 and 3 in a time bound manner. 3.The learned Special Government Pleader appearing for respondents 2 and 3 submitted that the application is now pending before the 2nd respondent and the 2nd respondent has orally instructed the learned Special Government Pleader that they will consider the petitioner's Mining Application as per the Mines and Minerals (Development and Regulation) Amendment Ordinance, 2015 dated 12.01.2015. The learned Special Government Pleader further submits that the 2nd respondent requires eight weeks time to consider the application. 4.In the light of the stand taken by the 2nd respondent, as informed by the learned Special Government Pleader before this Court, there will be a direction to the 2nd respondent to dispose of the petitioner's Mining Application as per the amended provision within a period of eight weeks from the date of receipt of a copy of this order.

5.With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar Sgl To

1. The Regional Controller of Mines, Indian Bureau of Mines, C-4-A, Rajaji Bhavan, Chennai - 600 090.

2. The Commissioner of Geology and Mining, Guindy, Chennai - 600 032.

3. The District Collector, Collector Office, Erode - 638 011.

+1cc to M/s.Meenakumari, Advocate, S.R.No.48777 +1cc to Mr.S.Rajmakesh, Advocate, S.R.No.48885 +1cc to the Government Pleader, S.R.No.49152 W.P.No.24880 of 2016 AD(CO) CA(12/09/2016) https://hcservices.ecourts.gov.in/hcservices/