Madras High CourtWP(MD)/4459/2021disposed of

Sekar.A.S v. The Dist Collector

2021-03-04Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.4459 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.4459 of 2021 and W.M.P.(MD)No.3589 of 2021 A.S.Sekar ... Petitioner -Vs1.The District Collector, Madurai District.

2.The Assistant Director, Department of Geology and Mining, Madurai.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to extend the license to quarry rough stones in the land bearing S.No.1(B-II) of Rajakkalpatti Village, Vadipatti Taluk in an area of 2.00.0 hectares for a period of six months on such terms and conditions.

For Petitioner : Mr.G.Prabhu Rajadurai For Respondents : Mr.S.Angappan Government Advocate

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents. With the consent of learned counsel on either side, the writ petition is taken up for final disposal at the admission stage itself. 2.The petitioner was granted mining lease for quarrying rough stones. It was issued on 18.02.2016. It expired on 02.03.2021. The petitioner states that due to lock-down for about two months, he could not operate the quarry. He therefore seeks extension of the lease period. He would point out that the District Collector, Dindigul District in similar circumstances, had granted such extension. The petitioner has given a representation dated 23.02.2021 for extension of the lease period. 3.Though the postal receipt is not enclosed in the typed set of papers, the petitioner's counsel produced soft copy of the same https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.4459 of 2021 for my perusal. In any event, the petitioner is permitted to make a fresh application for extension of the lease period before the first respondent. The first respondent is directed to consider the same and pass orders on merits and in accordance with law, within a period of three weeks. I make it clear that I have not gone into the merits of the matter. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(P & A) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi 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 District Collector, Madurai District.

2.The Assistant Director, Department of Geology and Mining, Madurai.

+1 CC to M/s.G.PRABHU RAJADURAI, Advocate ( SR-9070[F] dated 05/03/2021 ) +1 CC to M/s.SPL GP ( SR-9213[F] dated 05/03/2021 ) W.P.(MD)No.4459 of 2021 and W.M.P.(MD)No.3589 of 2021 04.03.2021 ES(CO) TR(05.03.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2