P.Mallikarjun v. The Government Of Tamilnadu

2024:MHC:1399

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2024 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH and W.M.P.Nos.27529 & 27531 of 2022 P.Mallikarjun .. Petitioner vs 1.The Government of Tamil Nadu Rep. By its Secretary to Government, Industries Department, Fort St.George, Chennai - 600 009.

2.The Director of Geology and Mining, Department of Geology and Mining, Guindy, Chennai - 600 032.

3.The District Collector, Krishnagiri District, Krishnagiri.

4.The Deputy / Asst. Director of Geology and Mining, Department of Geology and Mining, Collectorate Krishnagiri, Krishnagiri.

.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari to call for the records relating to the impugned memorandum of the 3rd respondent bearing Rc.No.1042-17/2018/Mines dated 26.08.2019 with reference to the stone quarry (patta lands) bearing S.F.Nos. 190/3 (Part), 191/2C and 192/2C (ParP) admeasuring 1.74.0 Hectares in Sathanur Village, Denkanikottai Taluk, Krishnagiri District, quash the same. 1/4

For Petitioner :

Mr.R.Raj Mohan for M/s G.M.Anantha Kumar For Respondents :

Mr.E.Vijay Anand Additional Government Pleader

ORDER

Both learned counsel would accede to the position that the ratio of the order of the First Bench passed in W.A.No.671 of 2020 etc batch dated 15.02.2024 will apply on all fours to the present case as well. Thus, the directions at paragraph 28 of order dated 15.02.2024 are extracted below:- "28. In the result, we pass the following orders: (i) The impugned order passed by the learned Single Judge at the Principal Seat is quashed and set aside;

(ii) The impugned orders/memos imposing 100% penalty/cost upon the appellants/petitioners shall be construed as show-cause notices;

(iii) The appellants/petitioners shall file reply to the said show-cause notices, along with all the relevant documents on which they rely, within a period of four weeks from today; and (iv) The authority shall consider the reply filed by the appellants/petitioners individually and pass fresh orders with regard to imposing of penalty/cost or otherwise."

2.

In light of the above, the same order is taken to be passed in the present writ petition as well.

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3.

Writ petition stands disposed in terms of this order. No costs. Connected miscellaneous petitions are closed. 20.03.2024 Index:Yes/No ssm To 1.The Secretary to Government, Industries Department, Fort St.George, Chennai - 600 009.

2.The Director of Geology and Mining, Department of Geology and Mining, Guindy, Chennai - 600 032.

3.The District Collector, Krishnagiri District, Krishnagiri.

4.The Deputy / Asst. Director of Geology and Mining, Department of Geology and Mining, Collectorate Krishnagiri, Krishnagiri.

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DR. ANITA SUMANTH,J.

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