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Madras High CourtWP(MD)/4949/2012dismissed

Sabari Enterprises v. The State Of Tamil Nadu,

2019-07-15Honourable Dr Justice Anita Sumanth2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.07.2019

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P(MD)No.4949 of 2012 and M.P(MD)Nos.2 & 3 of 2012 Sabari Enterprises, Rep. by its Proprietor Samuel, S/o.Immanuel, No.4-8-149, Kollam Main Road, Puliyarai, Shencottai Taluk, Tirunelveli District.

... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Principal Secretary, Industries Department, Fort St. George, Chennai - 600 009.

2.The District Collector, Tirunelveli District, Tirunelveli.

3.The Deputy Director of Geology and Mining, Shencottai Taluk, Tirunelveli District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus calling for the records pertaining to the impugned G.O(Ms)No.19, Industries (MMD1) Department, dated 25.01.2011 issued by the first respondent, quash the same and direct the respondents not to interfere with the petitioner's right to deal with the stone either rough or processed which has been transported with valid transport permits by paying necessary seigniorage.

For Petitioner :

Mr.M.Saravanan For Respondents :

Mr.S.Angappan, Government Advocate.

ORDER

The Government Order in G.O.Ms.No.19, Industries (MMD1) dated 25.01.2011 is challenged in this Writ Petition. The Government Order has been upheld by an order of a learned Single Judge of this Court dated 15.10.2014 (in W.P.No.8507 of 2012).

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2.It is also informed that the same Government Order has also been upheld in another batch of Writ Petitions. As such, this Writ Petition is also liable to be dismissed and I do so. 3.In view of the aforesaid, this Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) To 1.The Principal Secretary, Rep. by the State of Tamil Nadu, Industries Department, Fort St. George, Chennai - 600 009.

2.The District Collector, Tirunelveli District, Tirunelveli.

3.The Deputy Director of Geology and Mining, Shencottai Taluk, Tirunelveli District.

+1 CC to Mr.R.J.KARTHICK, Advocate SR-75375.

W.P(MD)No.4949 of 2012 15.07.2019 CS(16.09.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/