G.Kumar, S/O.Govindasamy, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.10.2016
CORAM
THE HONOURABLE Mr. JUSTICE T.S.SIVAGNANAM W.P.No.35886 of 2016 G.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 23.04.2010 along with 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 2846 lorry loads of savudu in P.W.D.tank comprised in S.No.274, Velliyur 'B' Villagge, Tiruvallur Taluk, Tiruvallur District within the prescribed time limit fixed by this Court. For Petitioner : Mr.M.Muthuppan For Respondents: Mr.S.Diwakar, Spl.G.P.,
ORDER
Heard Mr.M.Muthuppan, 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 place his application dated 23.04.2010, along with report of the various departments before the Special Committee, to grant permission to quarry 2846 lorry loads of Savudu from the PWD tank comprised in S.No.274, Velliyur 'B' Village, Tiruvallur 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 an 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 23.04.2010 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. Consequently, connected miscellaneous petition is closed. No costs.
-s/d- Assistant Registrar True Copy Sub-Assistant Registrar msk
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 sr 58061 +1 cc to Government Pleader sr 58168 W.P.No.35886 of 2016 ks(co) aa26/10/2016