A.Villava Rayan v. The Director/Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.9152 of 2018 A.Villava Rayan ... Petitioner vs.

1. The Director, Commissioner of Geology and Mining, Guindy,Chennai- 600 032.

2. The District Collector, Tirunelveli, Tirunelveli District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent herein to dispose the petitioner's appeal dated 15.02.2017 filed under Rule 36-C(2) of the Tamil Nadu Mines and Minerals Concession Rules 1959 as against the order of the second respondent herein vide proceedings M1/41534/2016 dated 02.02.2017. For Petitioner : Mr.A.Ajith Geethan For Respondents : Mr.N.Shanmuga Selvam Additional Government Pleader

O R D E R

Mr.N.Shanmuga Selvam, learned Additional Government Pleader takes notice for the respondents.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 3.

It is the grievance of the petitioner that his representation dated 15.02.2017 seeking to dispose the appeal dated 15.02.2017 filed under Rule 36-C(2) of the Tamil Nadu Mines and Minerals Concession Rules 1959 as against the order of the second respondent herein vide proceedings M1/41534/2016 dated 02.02.2017, has not been considered by the respondents till date and therefore, he has filed the present writ petition.

https://hcservices.ecourts.gov.in/hcservices/

4. This Court has not expressed any of its view with regard to

the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the first respondent to dispose the petitioner's appeal dated 15.02.2017 on its own merits and take further action in accordance with law, within a period of three months from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar To:

1. The Director, Commissioner of Geology and Mining, Guindy,Chennai- 600 032.

2. The District Collector, Tirunelveli, Tirunelveli District.

+ 1 CC TO Mr.A.AJITH GEETHAN, ADVOCATE IN SR No. 63697 AAV TE/KKR/SAR-4 : 04/05/2018 : 2P/4C W.P.(MD) No.9152 of 2018 24.04.2018 https://hcservices.ecourts.gov.in/hcservices/