K.Jeya Kumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.08.2016

CORAM

THE HONOURABLE Mr. JUSTICE T.S.SIVAGNANAM W.P.No.27379 of 2016 K.Jeya Kumar .. Petitioner ..Vs..

1.The District Collector Tiruvallore District Tiruvallore 2.The Assistant Director of Geology and Mining Tiruvallore District Tiruvallore .. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 1st respondent to place the petitioner's application dated 24.07.2015 along with the report of the various departments before the Special Committee constituted under Rule 12 of Tamil Nadu Minor Mineral Concession Rules 1959 to grant permission to quarry 8000 lorry loads of savudu in PWD tank comprised in S.No.440 of Kattur Village, Ponneri Taluk, Tiruvallur District within the prescribed time limit fixed by this Court. For Petitioner : Mr.M.Muthappan For Respondents: Mr.S.Diwakar Special Government Pleader

ORDER

Heard Mr.M.Muthappan, learned counsel for the petitioner and Mr.S.Diwakar, learned Special Government Pleader accepting notice on behalf of the respondents. By consent, the writ petition is taken up for final disposal.

2.The petitioner seeks for a direction upon the 1st respondent to issue proceedings in his favour to enable him to quarry Savudu from the PWD tank comprised in S.No.440 of Kattur Village, Ponneri Taluk, Tiruvallur District.

3.As rightly pointed out by the learned Special Government Pleader, the Tamil Nadu Minor Mineral Concession Rules and the procedure stipulated have been amended for considering such application.

4.It is submitted by the learned counsel on either side that identical issue was considered in a batch of cases in W.P.Nos.28019 of 2015 etc., batch dated 20.04.2016 (J.Subramani v. The District Collector, Thiruvallur District, Thiruvallur) and this Court issued certain directions to the District Collector.

5.Further, it is submitted by the learned Special Government Pleader that the special committee is yet to be constituted and apart from that, the place chosen by the petitioner should find place in the list prepared for granting permission to quarry Savudu.

6.Thus, following the direction issued in W.P.Nos.28019 of 2015, the present Writ Petition is disposed of, by issuing a direction to the 1st respondent/District Collector, Tiruvallur District to place the eligible application before the Special Committee, as per the amended Rule 12, for scrutinizing the application and for getting its recommendations and thereafter, pass appropriate orders. However, it is open to the District Collector to place the petitioner's application dated 24.07.2015 before the Special Committee, which shall be constituted as contemplated under Rule 12 of Tamil Nadu Minor Mineral Concession Rules, 1959 and based on the recommendations of the Special Committee, the District Collector may pass orders on the application.

7.The Writ Petition is disposed of with the above observation. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar cse

To 1.The District Collector Tiruvallore District Tiruvallore 2.The Assistant Director of Geology and Mining Tiruvallore District Tiruvallore +1 cc to Mr.M.Muthappan Advocate vide sr 44835 +1 cc to Government Pleader vide sr 45226 W.P.No.27379 of 2016 aa18/08/2016