M/S.Stones India v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.11.2025

CORAM:

THE HON'BLE MR. JUSTICE M.DHANDAPANI and W.M.P.No.27076 of 2023 M/s.Stones India, Rep. by its Partner, K.Arumugam, No.1, Kelambakkam Main Road, Rathinamangalam, Melakottaiyur Post, Vandalur Taluk, Chengalpattu District.

Pin - 600 127.

... 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, Chengalpattu District, Chengalpattu.

4. The Deputy / Assistant Director of Geology and Mining, Department of Geology and Mining, CollectorateChengalpattu, Chengalpattu.

... Respondents 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorari, to call for the impugned Memorandum of the 3rd respondent bearing Ref.Na.Ka.No.234/Q1/2021-21, dated 13.10.2021 with reference to the stone quarry patta land over an extent of 2.91.5 Hectares in S.F.No.7/1A2 and 7/4A in Avirimedu Village, Madurantakam Taluk, Chengalpattu District formerly Kancheepuram District and quash the same. For Petitioner : Mr.V.Sanjeevi For Respondents : Mr.Stalin Abimanyu Additional Government Pleader for R1 to R4

ORDER

This writ petition has been filed challenging the impugned memorandum passed by the third respondent dated 13.10.2021.

2. The case of the petitioner is that he was granted quarry lease for quarrying rough stones and earth from the patta land measuring an extent of 2.91.5 Hectares in S.F No.7/1A2 (1.46.0 Hectares) and 7/4A (1.45.5 Hectares) in Avirimedu Village, Madurantakam Taluk, Chengalpattu District formerly Kancheepuram District for a period of 5 years commencing from 17.06.2013 to 16.06.2018. However, it is alleged that the petitioner had transported the quantity exceed the EC quantity and therefore, the 3rd respondent imposed a 100% cost penalty to the tune of Rs.10,69,71,000/- as if the petitioner 2/6

transported exceed EC quantity of 2,98,680 CBM. Challenging the same, the present writ petition has been filed.

3. However, the learned counsel for the petitioner would submit that the present writ petition is filed solely on the ground that, without issuing any show-cause to the petitioner, the impugned order was passed. Hence, the impugned order is in clear violation of principles of natural justice.

4. The learned Additional Government Pleader appearing for the respondents 1 to 4 fairly conceded that before passing the impugned order, no show-cause notice was issued and no enquiry was conducted. Hence, for the limited purpose, this Court may set aside the impugned order and remit the matter back to the 3rd respondent for fresh consideration, by fixing a limit time within which an appropriate order shall be passed, after affording an opportunity of hearing to the petitioner.

5. Heard the learned counsel on either side and perused the records.

6. This Court has also perused the impugned order. On a perusal of the impugned order dated 13.10.2021, it is evident that no show-cause notice was issued and no proof has been produced to establish that any enquiry was conducted before passing the impugned order.

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7. In view of the fair submission made by the Additional Government Pleader, and without expressing any opinion on the merits of the case, this Court is inclined to set aside the impugned order dated 13.10.2021 passed by the 3rd respondent on the ground of violation of principles of natural justice. The matter is remanded back to the 3rd respondent, and he is directed to furnish the necessary particulars to the petitioner and conclude the entire proceedings within a period of four (4) months from the date of receipt of a copy of this order.

8. With the above directions, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 04.11.2025 (5/6) Index:Yes/No Speaking/Non-speaking order uma 4/6

To

1. The Secretary to Government, Government of Tamil Nadu, 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, Chengalpattu District, Chengalpattu.

4. The Deputy / Assistant Director of Geology and Mining, Department of Geology and Mining, Collectorate Chengalpattu, Chengalpattu.

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M. DHANDAPANI, J.

uma and W.M.P.No.27076 of 2023 (5/6) 04.11.2025 6/6