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Madras High CourtWP/33882/2016disposed of

M/S.Oriental Structural v. The Commissioner Of Geology

2016-09-27Honourable Mr Justice T. S. Sivagnanam2 pages

In the High Court of Judicature at Madras Dated : 27.9.2016 Coram :

The Honourable Mr.Justice T.S.SIVAGNANAM Writ Petition No.33882 of 2016 M/s.Oriental Structural Engineers (P) Ltd., rep.by its Authorized Signatory Sh.V.C.Verma, DirectorMarketing

...Petitioner

Vs 1.The Commissioner of Geology & Mining, Guindy, Chennai-32.

2.The District Collector, Villupuram District, Villupuram.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to dispose of the appeal dated 17.4.2014 filed by the petitioner against the order passed in Rc.No.B/G & M/3002/2007 dated 21.1.2009 by the second respondent according to law.

For Petitioner :

Mr.K.R.Krishnan For Respondents :

Mrs.M.E.Rani Selvam, AGP

ORDER

Mrs.M.E.Rani Selvam, learned Additional Government Pleader accepts notice for the respondents. Heard both. By consent, the writ petition itself is taken up for final disposal.

2. The petitioner applied to the second respondent for revision of royalty from 90/- per 100 cft. to Rs.65/- per 100 cft. in respect of rough stone quarry leases granted to them exclusively for road sector work. However, the said request was rejected by the second respondent by order dated 21.1.2009. As against the order of the second respondent, the petitioner preferred an appeal to the first respondent by filing an appeal dated 17.4.2014. Since more than two years had lapsed after the filing of the appeal, the petitioner is before this Court. https://hcservices.ecourts.gov.in/hcservices/

3. Considering the limited nature of the relief sought and without expressing any opinion on the merits, the writ petition is disposed of with a direction to the first respondent to consider the appeal filed by the petitioner dated 17.4.2014 on merits and pass appropriate orders in accordance with law, within a period of three months from the date of receipt of a copy of this order. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar To 1.The Commissioner of Geology & Mining, Guindy, Chennai-32.

2.The District Collector, Villupuram District, Villupuram.

+1 cc to Government Pleader sr 55373 +1 cc to M/s.K.R.Krishnan Advocate sr 55556 WP.No.33882 of 2016 aa18/10/2016 https://hcservices.ecourts.gov.in/hcservices/