Madhukhan Granites Ltd., v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2018 CORAM :
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.429 of 2018 Madhukhan Granites Ltd., Rep by its Authorised Signatory, S.Mallikarajuna Rao, 1/7-17, Madhu Complex, Jublipura, Khammam 507 003, State of Telungana ...
Petitioner Vs.
1. The District Collector, Madurai District, Madurai.
2. The Deputy Director, Department of Geology and Mining, Collectorate, Madurai.
... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1st respondent to dispose his proceedings pending against the petitioner in relating with R.O.C. No. 802/2012 Mines dated 28.12.2012 after furnishing the 2nd inspection report of the special team and also giving hearing opportunity to the petitioner within stipulated time as prescribe by this Court. For Petitioner : Mr.S.Saravanakumar, For Respondents : Mr.B.Pugalendhi, AAG, assisted by Mr. Aayiram K.Selvakumar, Additional Government Pleader.
ORDER
This writ petition has been filed seeking direction to the first respondent to dispose of the proceedings pending against the petitioner in R.O.C.No.802/2012 Mines dated 28.12.2012 after furnishing the second inspection report of the special team and also giving hearing opportunity to the petitioner within the time prescribed by this Court.
2.Heard Mr.S.Saravanakumar, learned counsel appearing for the petitioner and Mr.B.Pugalendhi, learned Additional Advocate General appearing for the respondents.
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3.According to the petitioner, the first respondent has initiated proceedings on the ground that the petitioner conducted illegal quarry operations and a show cause notice was also issued to the petitioner in the year 2012. On receipt of such notice, the petitioner has also given reply, thereafter, an inspection was also conducted, the respondents without completing the enquiry, they have conducted another inspection without issuing any notice to the petitioner. It is alleged by the petitioner that the respondents have not furnished the report of the second inspection conducted by them. Hence, the petitioner has filed the present writ petition.
4.Considering the facts and circumstances of the case and considering the fact that the proceedings pending from 2012, the first respondent is directed to complete the enquiry and pass appropriate orders, on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order, after furnishing second inspection report to the petitioner and affording reasonable opportunity to the petitioner. 5.With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To
1. The District Collector, Madurai District, Madurai.
2. The Deputy Director, Department of Geology and Mining, Collectorate, Madurai.
+ 1 cc TO Mr.T.Ramesh , Advocate in SR No. 41331 + 1 cc TO The Special Government Pleader in SR No. 41749 sms AE/KK/SAR2/24.01.2018/2P/5C Writ Petition (MD) No.429 of 2018 10.01.2018 https://hcservices.ecourts.gov.in/hcservices/