M.K.Arivazhagan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2018

CORAM

THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No.38580 of 2004 M.K.Arivazhagan ....Petitioner -vs1. The District Collector, Namakkal District, Namakkal.

2. The Director of Mines and Geology, Guindy, Chennai-32.

3. Selvaraj ...Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in relation to the proceedings No.Rc.No.11684/MM5/2004 dated 12.01.2005 and quash the same and issue a consequential direction to the respondents No.1 & 2 not to give leasing right to the 3rd respondent for store quarry in respect of Bit.No.3 in survey No.123 of the Pappanaicken patti village, Namakkal District and to issue a consequential direction to the respondents No.1 & 2 to call for tender application and conduct a public auction for grant of leasing right in respect of Bit.No.3 in survey No.123 of the papanaickenpatti village, Namakkal district.

For Petitioner : Mr.Saseetharan For Respondent 1&2 : M/s.R.Janaki, Addl. Govt Pleader (HR & CE) For Respondent 3 : M/s.P.T.Ramadevi

O R D E R

The amended prayer in the writ petition is to quash the order dated 12.01.2005 granting lease to quarry in favour of the 3rd respondent. However, the counter states that the lease was granted for 5 years from 27.02.2006 to 26.02.2011. https://hcservices.ecourts.gov.in/hcservices/

2. Thus, the period of lease expired long back. It is made clear that the Authorities Competent have to grant lease of quarry by strictly following the procedures contemplated under the rules and if any violation are found, actions ought to be initiated against all concerned. In view of the fact that in the present writ petition, the lease period itself lapsed long back in the year 2011, no further adjudication is required and accordingly, the writ petition stands closed. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Pkn To

1. The District Collector, Namakkal District, Namakkal.

2. The Director of Mines and Geology, Guindy, Chennai-32.

+1 cc to M/s.P.T.Ramadevi, Advocate, S.R.No.87713 W.P.No.38580 of 2004 CP(CO) SSM(10/01/2019) https://hcservices.ecourts.gov.in/hcservices/