Madras High CourtWP/20916/2024disposed of

Srii Padharaaja Minerals v. The Principal Secretary To The Government Of Tamilnadu

2024-07-29Honourable Dr Justice Anita Sumanth4 pages

2024:MHC:2880

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 29.07.2024

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH Srii Padharaaja Minerals Rep. by its Managing Partner Mr.P.Ramachandran 17, Appasamy Naidu Street, Kaveripattinam Krishnagiri District - 635112 .... Petitioner Vs 1.The Principal Secretary to the Government of Tamil Nadu, Department of Industries & Natural Resources, Secretariat, Chennai - 600 009.

2.The Commissioner of Geology and Mining Department of Geology and Mining, Guindy, Chennai - 600 003.

3.The District Collector Krishnagiri District.

4.The Deputy Director of Geology and Mining Department Collectorate Campus, Krishnagiri - 635001.

5.The Principal Chief Conservator of Forest Parangal Building T.Nagar, Chennai - 600015.

6.The District Forest Officer Hosur Cattle Farm Mathagiri, Hosur, Krishnagiri District.

.... Respondents Pg.No.1/4

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents herein more particularly the 1st respondent herein to consider and pass orders to the petitioner's application dated 08.04.2024 for granting Prospecting License intending to prospect Gold and Associated Minerals in the area mentioned in the said application, submitted under Mines and Minerals (Development and Regulation) Act 1957 and Mineral Concession Rules 2016 in accordance with law.

For Petitioner : Mr.R.Thamaraiselvan For Respondent : Mr.Stalin Abimanyu (R1 to R4) Additional Government Pleader Mr.K.Tippu Sultan (R5 and R6) Government Advocate for Mr.C.Selvaraj Additional Government Pleader

O R D E R

Mr.Stalin Abimanyu, learned Additional Government Pleader accepts notice for R1 to R4 and Mr.K.Tippu Sultan, learned Government Advocate on behalf of Mr.C.Selvaraj, learned Additional Government Pleader accepts notice for R5 and R6. They are armed with instructions to enable a final disposal of this Writ Petition, even at the stage of admission.

2. The prayer of the petitioner is for a mandamus simplicitor directing the respondents, particularly R1 to consider its application dated 08.04.2024 filed in terms of the Mines and Minerals (Development and Regulation) Act, 1957 and Mineral Concession Rules, 2016 for grant of Prospecting License. Pg.No.2/4

3. Mr.Stalin would accede to the receipt of the representation and states that the same is pending before the Principal Secretary to Government of Tamil Nadu, Department of Industries and Natural Resources/R1, who is the appropriate authority to decide the same. He has written instructions in Rc.No.490/2024/Mines dated 27.07.2024 to the effect that the application of the petitioner is already under scrutiny and that the present Writ Petition is premature.

4. In light of the above, mandamus is issued to R1 to hear the petitioner, obtain inputs, if necessary, from other respondents, convey the result of the inputs to the petitioner in line with the principles of natural justice and pass orders on the application of the petitioner dated 08.04.2024, in accordance with law and all applicable rules and regulations, within a period of four (4) weeks from date of receipt of a copy of this order.

5. This Writ Petition stands disposed. No costs. 29.07.2024 Index : Yes / No Speaking order: Yes sl Pg.No.3/4

Dr.ANITA SUMANTH,J.

sl To 1.The Principal Secretary to the Government of Tamil Nadu, Department of Industries & Natural Resources, Secretariat, Chennai - 600 009.