The Government Of Tamil Nadu, v. K.Jeyakumar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and C.M.P.(MD)No.4468 of 2021 1.The Government of Tamil Nadu, Rep. by Additional Chief Secretary to Government, Industries Department, Fort St.George, Chennai - 600 009.
2.The Commissioner of Geology and Mining, Guindy, Chennai - 600 032.
3.The District Collector, Tirunelveli District, Tirunelveli.
4.The District Forest Officer, Tirunelveli Divison, Tirunelveli - 7.
... Appellants Vs.
K.Jeyakumar ... Respondent 1/5
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order dated dated 21-08-2019 made in W.P(MD).No.10644 of 2018 on the file of this Court. For Appellants : Mr.K.Balasubramani, Spl. Government Pleader.
For Respondent : Mr.V.Sanjevi
JUDGMENT
(Judgment of the court was delivered by G.R.Swaminathan, J.) Heard both sides.
2.What is under challenge in this writ appeal is the order dated 21.08.2019 made in W.P.(MD)No.10644 of 2018. It is a common order whereby disposal was given to a number of writ petitions. The writ petitioners were bidders for quarry lease and they had remitted 10% of the lease amount. The quarry notification itself was struck down. Therefore, they wanted not only refund of the amount remitted by them but also interest. The writ petitions were allowed by the learned Single Judge by common order dated 21.08.2019. Challenging the order made in W.P.(MD)No.7961 of 2018, the Government filed W.A.(MD)No.225 of 2022. It was dismissed by the Hon'ble Division Bench in the following terms:- 2/5
"1.Challenge in this appeal is made to the order dated 21 August 2019 recorded on group of petitions being W.P(MD) Nos. 6828, 7961, 7962, 7963, 8195, 10639, 10640, 10641, 10642, 10643 & 10644 of 2018. The present appeal arises from writ petition in W.P(MD) No.7961 of 2018. This appeal is by the respondents - State Authorities.
2.Learned Advocate for the appellants has, at the outset, fairly brought to the notice of this Court that, the very same order was the subject matter of appeal being W.A(MD)No.1044 of 2021 which was dismissed by this Court vide order dated 26.04.2021. 3.No different view needs to be taken. This appeal is also dismissed on the same line, with the same observations. No costs. Consequently, connected miscellaneous petitions would not survive."
3.Adopting the very same approach, we dismiss the present writ appeal also. This writ appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
(G.R.S. J.,) & (M.J.R. J.,) 07.02.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/5
To:
1.The Additional Chief Secretary to Government, Industries Department, Fort St.George, Chennai - 600 009.
2.The Commissioner of Geology and Mining, Guindy, Chennai - 600 032.
3.The District Collector, Tirunelveli District, Tirunelveli.
4.The District Forest Officer, Tirunelveli Divison, Tirunelveli - 7.
4/5
G.R.SWAMINATHAN, J.
and M.JOTHIRAMAN, J.
ias 07.02.2025 5/5