Shines Granite (Partnership Firm) v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.07.2024 CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH and W.M.P.No.22574 of 2024 Shines Granite (Partnership firm), Rep. By its Partner, Mr.s.P.Sonaisamy, S/o.C.Subbiah, No.607, KK Nagar, 2nd Cross Street, Madurai - 625 020 .. Petitioner vs 1.The Government of Tamil Nadu Rep. By its Additional Chief 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, Pudukottai District, Pudukottai.
.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents to consider and pass orders on the representation of the petitioner dated 21.06.2024 for permitting the petitioner to remove the granite waste as defined in Rule 2 (5-AA) of the Tamil Nadu Minor Mineral Concession Rules, 1959 from the leasehold land bearing S.F.NO.141/3B etc., in Mangudi Village, Illupur Taluk, Pudukottai District, on payment of seignorage fee, within the time frame fixed by this Court.
For Petitioner :
Mr.V.Sanjeevi For Respondents :
Mr.Stalin Abimanyu Additional Government Pleader 1/4
ORDER
The prayer of the petitioner is for a mandamus directing the respondents to consider his representation dated 21.06.2024. Therein, he seeks leave of the respondents to remove the granite waste as defined in Rule 2(5-AA) of the Tamil Nadu Minor Mineral and Concession Rules, 1959 from the leasehold land bearing S.F.NO.141/3B etc., in Mangudi Village, Illupur Taluk, Pudukottai District on payment of necessary charges.
2. Mr.Stalin Abhimanyu, learned Government Advocate, accepts notice for the respondents, accedes to receipt of the representation dated 21.06.2024 and also conveys no objection for disposal of representation in accordance with law.
3. Hence and in light of the admitted position that the representation dated 21.06.2024 is indeed pending, mandamus is issued to R1 to hear the petitioner and dispose representation dated 21.06.2024, strictly in accordance with law. The officer (R1) will ensure that all necessary safeguards, including the payment of charges by the petitioner are attended to. Let the exercise be completed within a period of six weeks from date of receipt of a copy of this order.
4. Writ petition stands disposed in terms of this order. No costs. Connected miscellaneous petition is closed.
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To 1.The Additional Chief 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, Pudukottai District, Pudukottai.
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DR. ANITA SUMANTH,J.
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