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Madras High CourtWP(MD)/3034/2013disposed of

M/S.R.V.Enterprises, v. The District Collector Madurai

2019-07-11Honourable Dr Justice Anita Sumanth3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2019

CORAM

THE HON'BLE DR.JUSTICE ANITA SUMANTH W.P.(MD)No.3034 of 2013 and M.P.(MD)Nos.1 & 2 of 2013 M/s.R.V.Enterprises, Rep.by its Managing Partner, Mr.V.Venkateswaran, No.33, First Pulikuthi Street, Gugai, Salem.

...Petitioner

-Vs1.The District Collector Madurai, Madurai District @ Madurai.

2.Assistant Director of Geology and Mining, Madurai.

...Respondents

Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the first respondent's Show Cause Notice in No.Roc.No.754/2012-Mines dated 13.12.2012 and quash the same. For Petitioner : Mr.A.R.L.Sundaresan, Senior Counsel Mr.K.K.Ramakrishnan For Respondents : Mrs.J.Padmavathi Devi Special Government Pleader

ORDER

A peculiar situation arises before me. Writ Petition (MD) No.3034 of 2013 is part of a batch of writ petitions disposed by a learned Single Judge of this Court on 02.09.2014. All writ petitions, including this writ petition stand dismissed. 2.The present writ petition is mentioned as part of the batch, the cause title of the present writ petition is also mentioned in the cause title of the batch order and the petitioner in this writ petition has been represented by counsel.

3.The status of the writ petition obtained from the National Informatics Centre however, reveals that the aforesaid writ petition is 'pending' as on date.

4.However, when the matter is called, an interim order dated 17.12.2014 passed in this writ petition by the same learned Single Judge who disposed the batch is produced, to the following effect: "The Interim order granted by this Court on 06.03.2013, shall continue.

Notice."

5. Clearly an error has occurred, which I am not inclined to delve into now, in the light of the discussion set out below. 6.Learned Senior Counsel appearing on behalf of the learned counsel for the petitioner points out that some of the writ petitioners in the batch moved writ appeals challenging order dated 02.09.14 that were dismissed. The matter was pursued by way of Special Leave before the Supreme Court by some and identical orders have been passed by the Supreme Court as below: "Dismissed.

However, we grant three weeks' time to the petitioners to approach the authority concerned, if it so desire, inter alia, taking up all such objections which are available to them, including the grounds raised in these special leave petitions.

The authority concerned shall decide the lis between the parties without being influenced by the affidavit filed before the High Court or any of the observations made by the High Court.

The authority concerned shall complete the entire proceedings within two months' time from today." 7.As a result of the interim order passed by the learned Single Judge on 17.12.2014, it is not inconceivable that the petitioner would be under the impression that it has the benefit of stay, till date.

8.Thus, while reiterating the dismissal of the writ petition as per order passed in batch on 02.09.2014, I believe that in the interests of justice, the petitioner should be extended the benefit of the same order as passed by the Supreme Court in the case of the other petitioners, who challenged the orders in writ appeal.

9.I am conscious of the fact that this petitioner has neither filed a writ appeal nor an SLP. However, I believe that this should not stand in the way of the petitioner being entitled to the benefit of the order of the Supreme Court in the light of the narration in the previous paragraphs.

10.The following order is thus passed:

Three weeks (from date of receipt of order) is granted to the petitioner to approach the authorities concerned for such relief as it may seek, if the petitioner so desires. The authority concerned shall decide the lis within a period of two months from the date when the petitioner files such application before it. 11.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) TM/gms(SM) To 1.The District Collector Madurai, Madurai District @ Madurai.

2.Assistant Director of Geology and Mining, Madurai.

+1 CC to Mr.K.K.RAMAKRISHNAN, Advocate SR-75241. W.P.(MD)No.3034 of 2013 11.07.2019 CS(26.07.2019) 3P 4C