Muralidharan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.06.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Muralidharan S/o.Rangadurai Petitioner Vs 1.The Commissioner, Mines and Minerals Department, Tiruvika Industrial Estate, Guindy, Chennai - 600 032.

2.The District Collector, Coimbatore, Coimbatore District.

3.The Sub Collector cum Revenue Divisional Officer, Pollachi, Coimbatore District.

4.The Tahsildhar, Pollachi Taluk, Coimbatore District.

Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus forbearing the respondents 3 and 4 from taking any coercive action pursuant to the order in Na.Ka.No.E10488/2023/E3 dated 28.02.2025 passed by the second respondent till the disposal of petitioner's second appeal dated 26.11.2024 under Section 36-C of Tamil Nadu Mines and Minerals Concession Rules, 1959.

For Petitioner : Mr.N.Ponraj 1/4

For Respondents : Mr.E.Vijay Anand Additional Government Pleader *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus forbearing the respondents 3 and 4 from taking any coercive action pursuant to the order of the second respondent dated 28.02.2025 till the disposal of the second appeal filed by the petitioner on 26.11.2024 under Section 36-C of Tamil Nadu Mines and Minerals Concession Rules, 1959.

2. Heard Mr.N.Ponraj, learned counsel for petitioner and Mr.E.Vijay Anand, learned Additional Government Pleader appearing for respondents.

3. The case of the petitioner is that the petitioner was granted a quarry license through the proceedings of the second respondent dated 06.12.2017. Proceedings were initiated against the petitioner on the ground that he has illegally excavated boulders and gravel soil. Accordingly, fine was imposed by the third respondent. Challenging the same, the petitioner filed an appeal before the second respondent and the second respondent, through proceedings dated 28.10.2024, dismissed the 2/4

appeal. Aggrieved by the same, the petitioner filed a second appeal before the first respondent and the same is pending. In the mean time, coercive steps were taken by respondents 3 and 4, who are aware of the fact that the appeal is pending before the first respondent. It is under these circumstances, the present writ petition came to be filed before this Court.

4. Taking into consideration the facts and circumstances of the case and considering the materials placed before this Court and also taking note of the fact that the appeal preferred by the petitioner before the first respondent is pending from 26.11.2024, there shall be a direction to the first respondent to deal with the appeal and pass orders on its own merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order. In the mean time, the respondents 3 and 4 shall await for the orders of the first respondent and thereafter, proceed further in accordance with law depending upon the order passed by the first respondent.

N.ANAND VENKATESH, J gm 3/4

This writ petition is disposed of with the above direction. No costs.

24.06.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To 1.The Commissioner, Mines and Minerals Department, Tiruvika Industrial Estate, Guindy, Chennai - 600 032.

2.The District Collector, Coimbatore, Coimbatore District.

3.The Sub Collector cum Revenue Divisional Officer, Pollachi, Coimbatore District.

4.The Tahsildhar, Pollachi Taluk, Coimbatore District.

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