Madras High CourtWP(MD)/5100/2010dismissed as infructuous

P. Rajasekaran v. State Of Tamilnadu

2021-08-25Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2021

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR and W.M.P(MD).No.2524 of 2017 & M.P(MD)Nos.1 & 2 of 2010 in W.P.(MD)No.5100 of 2010 and MP(MD)No.1 of 2010 in W.P.(MD)Nos.8913 of 2010 (Through Video Conference) W.P(MD).No.5100 of 2010:

P.Rajasekaran ..Petitioner -Vs1.State of Tamilnadu, Rep.by Secretary to Government, Industries Department, Fort St. George, chennai- 600 009.

2.The District Collector, Madurai ..Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the first respondent's G.O.(D) No.58 Industries (MMBI) Department, dated 24-03-2010, pertaining to the petitioner's patta land quarry measuring 0-36-5 Hectares in S.No.152/2, 0-36-5 Hectares in S.No.153/8, 9-0-26 Hectares in S.No.153/10, 0-27-5 Hectares in S.No.153/11, 0-14-0 Hectares in S.No.153/12, and 0-11-5 in S.No.153/13, totally measuring 1-52-0 Hectares situated in Idayapatti Village, Madurai North District, Madurai and quash the same and direct the respondents to grant renewal of the quarrying lease by reconsidering the petitioner's renewal application dated 26-03-2008.

For Petitioner : Mr.S.Kadarkarai For Respondents : Mr.D.Ghandiraj Government Advocate 1/3

W.P.(MD).No.8913 of 2010:

P.Rajasekaran ...Petitioner -Vs1. The District Collector, Madurai.

2.The Deputy Director of Geology and Mining, Madurai. ...Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to forbear from interfering with the petitioner's right to transport the quarried granite on payment of necessary seigniorage in respect of petitioner's patta lands measuring 0-36-5 Hectares in S.No.152/2, 0-36-5 Hectares in S.No.153/8, 9-0-26 Hectares in S.No.153/10, 0-275 Hectares in S.No.153/11, 0-14-0 Hectares in S.No.153/12, and 0-115 in S.No.153/13, totally measuring 1-52-0 Hectares situated in Idayapatti Village, Madurai North District, Madurai. For Petitioner : Mr.S.Kadarkarai For Respondents : Mr.D.Ghandiraj Government Advocate COMMON ORDER The learned counsel appearing for the petitioner in these writ petitions, on instructions, submits that these writ petitions have become infructuous, therefore, he wants dismissal.

2. Recording the said submission made by the learned counsel appearing for the petitioner in both the writ petitions, these writ petitions are dismissed as infructuous. However, there shall be no 2/3

order as to costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) PJL Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned. To 1.The Secretary to Government, State of Tamilnadu, Industries Department, Fort St. George, Chennai- 600 009.

2.The District Collector, Madurai 3.The Deputy Director of Geology and Mining, Madurai.

+1 CC to M/s.GP ( SR-27394[F] dated 26/08/2021 ) +1 CC to M/s.GP ( SR-27395[F] dated 26/08/2021 ) W.P.(MD)Nos.5100 of 2010 & 8913 of 2010 25.08.2021 MGJ(03.09.2021) 3P 6C 3/3