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Madras High CourtWP/20629/2024disposed of

G.Selvaraj Alias Veppadai Selvaraj v. The Government Of Tamil Nadu

2024-07-23Honourable Dr Justice Anita Sumanth4 pages

2024:MHC:2789

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 23.07.2024

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH & WMP.No.22555 of 2024 G.Selvaraj alias Veppadai Selvaraj .. Petitioner Vs 1.The Government of Tamil Nadu Rep. by the Secretary to Government, Natural Resources Department Fort St.George, Chennai - 600 009.

2.The Commissioner of Geology and Mining, Department of Geology and Mining, Industrial Estate, Guindy Chennai - 600 032 3.The District Collector, Karur District, Karur.

.... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 20.06.2024 and permit the petitioner to remit the royalty amount, etc., as directed by the District Collector, Karur, vide proceedings Rc.No.46/Mines/2020 dated 29.12.2023, in four equal installments, once in three months without interest, within the time frame fixed by Hon'ble Court. For Petitioner :

Mr.V.Sanjeevi For Respondents :

Mr.Stalin Abhimanyu Additional Government Pleader

ORDER

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Mr.Stalin Abhimanyu, learned Government Advocate, accepts notice for the respondents and is armed with sufficient instructions to enable a final disposal of this matter now.

2. The prayer of the petitioner is for a mandamus simplicitor directing the respondents to consider his representation dated 20.06.2024 and permit the petitioner to remit royalty / penalty / other charges in four installments. Royalty has been imposed vide proceedings in RC No.46/Mines/2020 dated 29.12.2023 of a sum of Rs.2,40,10,284/- (Rupees Two Crore Fourty Lakhs Ten Thousand and Two Hundered and Eighty Four). The prayer is that he must be permitted to remit the amount in four equal installments.

3. The petitioner has relied on other orders, including proceedings passed by the Commissioner of Geology and Mining in Rc.No.7636/MM6/2022 dated 23.11.2022, wherein along with a direction to remit a lump sum of the demand, that defaulter has been permitted to pay the balance of penalty in installments.

4. Since the petitioner has made the same request before the authorities, who are better positioned than this Court to decide the same, mandamus is issued to R2 / Commissioner of Geology and Mining to consider the representation of the petitioner dated 20.06.2024, strictly in accordance with law. Of course, it is open to the petitioner to draw attention to other orders that have been passed in the context of grant of installments and it is for R2 to consider the same if he is so believes them 2/4

appropriate. Let this exercise be completed within a period of eight weeks from date of receipt of a copy of this order.

5. Writ petition stands disposed in terms of this order. No costs. Connected miscellaneous petition is closed.

23.07.2024 Index : Yes / No ssm To 1.The Government of Tamil Nadu Rep. by the Secretary to Government, Natural Resources Department Fort St.George, Chennai - 600 009.

2.The Commissioner of Geology and Mining, Department of Geology and Mining, Industrial Estate, Guindy Chennai - 600 032 3.The District Collector, Karur District, Karur.

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Dr.ANITA SUMANTH,J.

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