S.Krishnaraj v. Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 15.12.2015 Coram:
The Honourable Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and The Honourable Mr.Justice PUSHPA SATHYANARAYANA W.P.No.25145 of 2013 1.S.Krishnaraj 2.S.Vedanayaki 3.M/s.Yes Yes Minerals represented by its Partner Mr.S.Krishnaraj all 1 to 3 at No.21, Om Sakthi Street, Poolambadi Post, Veppanthattai Taluk Perambalur District .. Petitioners
Versus
1.Government of Tamil Nadu represented by its Principal Secretary to Government Industries Department, 9th Floor, New Secretariat Building, Chennai 600 009
2. The Commissioner of Geology and Mining Guindy Industrial Estate Post, Chennai 600 032.
3.The District Collector, Nagapattinam.
4.Assistant/Deputy Director of Geology and Mining Collectorate Building, Nagapattinam.
5.Tahsildar, Tharangambadi Taluk, Thrangambadi post Nagapattinam District.
6.Tahsildar, Sirkazhi Taluk, Sirkazhi Post, Nagapattinam District.
7.M/s.A.World Rock Pvt. Ltd., No.20, Pantheon Road, Egmore, Chennai 600 008.
8.Union of India, represented by its Secretary to Government Ministry of Mines, Department of Mines Sastri Bhavan, New Delhi 110 001.
... Respondents Petitions filed under Article 226 of the Constitution of India praying for the issue of a writ of Certiorarified Mandamus, calling for the records relating to the proceedings bearing No.6647/MMD.1/2013-5 dated 24.05.2013 of the 1st respondent herein and quash the same and consequently direct the respondents 1 to 6 to further process the application of the petitioner for grant of mining lease as per application submitted on 02.01.2003. For Petitioners ::: Mr.R.Thiagarajan Senior Counsel for Mr.V.P.Mohammed Moin For Respondents ::: Mr.S.T.S.Murthi Government Pleader assisted by Mr.V.R.Kamalanathan AGP for Mr.V.Shanmugasundar Government Advocate for R.1 and R.6.
Mr.V.Sanjeevi for R.7
O R D E R
(The Order of the Court was made by The Hon'ble The Chief Justice) The petitioner seeks to impugn the notice/communication dated 24.05.2013 which rejected the petitioners' application for Mining Lease for the reasons set out therein. Having rejected the application, thereafter the communication states that the petitioner should show cause why the Mining Lease application should not be rejected for the reasons.
2.It thus appears that the notice can hardly be said to be happily worded in terms of orders passed in W.P.No.34258 of 2015. Certain requirements have to be complied with by the petitioner with the Tamil Nadu Pollution Control Board and thereafter, public hearing is to be held.
3. In the aforesaid given position, learned Government Pleader states that the notice dated 24.05.2013 can be treated as withdrawn and the respondents are free to proceed in accordance with law keeping in mind the orders passed in W.P.No. 34258 of 2015.
The writ petition accordingly stands closed in the aforesaid terms. No costs. Consequently, M.P.Nos.1 and 2 of 2013 are closed. Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar ksr To
1. The Principal Secretary to Government Industries Department, 9th Floor, New Secretariat Building, Chennai 600 009.
2. The Commissioner of Geology and Mining Guindy Industrial Estate Post, Chennai 600 032. 3.The District Collector, Nagapattinam.
4.Assistant/Deputy Director of Geology and Mining Collectorate Building, Nagapattinam.
5.Tahsildar, Tharangambadi Taluk, Thrangambadi post, Nagapattinam District.
6.Tahsildar, Sirkazhi Taluk, Sirkazhi Post, Nagapattinam District.
7.The Secretary to Government Union of India Ministry of Mines, Department of Mines Sastri Bhavan, New Delhi 110 001.
1 cc to Ms. V.P. Mohammed Moin, Advocate, sr. 67746 1 cc to Mr.V. Sanjeevi, Advocate, Sr. 67459 W.P.No.25145 of 2013 SK (CO) kk 28/12