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Madras High CourtWP(MD)/19542/2015disposed of

K. Arjunan v. The District Collector

2015-10-30Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2015

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.19542 of 2015 K.Arjunan ... Petitioner Vs.

1.The District Collector, Karur District, Karur.

2.The Assistant Director, Geology and Mining, Karur.

... Respondents PRAYER:- Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to process his application dated 02.01.2013 submitted under Rule 19(1) of the Mines and Minerals Concession Rules, 1959 for grant of quarry lease in respect of S.F.No.1281/A3A2, S.F.No.1281/A3B and S.F.No.1284/1A to an extent of 2.73.0 hectares located in Punnam Village, Aravakurichi Taluk, Karur District on merits and in accordance with law.

For Petitioner : Mr.N.Shnmuga Selvam For Respondents : Mr.S.Chandra Sekar Government Advocate

ORDER

This Writ Petition has been filed by the petitioner, namely K.Arjunan, seeking for issuance of a Writ of Mandamus directing the respondents to process his application dated 02.01.2013 submitted under Rule 19(1) of the Mines and Minerals Concession Rules, 1959 for grant of quarry lease in respect of S.F.No.1281/A3A2, S.F.No.1281/A3B and S.F.No.1284/1A to an extent of 2.73.0 hectares located in Punnam Village, Aravakurichi Taluk, Karur District on merits and in accordance with law.

2. The learned counsel for the petitioner submitted that the petitioner has been granted lease to quarry rough stone ie., arali and jelly for a period of 5 years from January 2002 to 2007 by the https://hcservices.ecourts.gov.in/hcservices/

District Collector, Karur in his proceedings dated 04.03.2002 made in R.C.No.6/2002. The learned counsel for the petitioner further submitted that the District Collector, Karur has renewed the earlier lease for another 5 years period, after the expiry of 10 years with an application filed under Rule 19(1) of the Mines and Minerals Concession Rules, has not been answered. Therefore, the petitioner has come forward with the present Writ Petition.

3. After getting instructions from the official respondents, the learned Government Advocate would submit that the District Collector, Karur would consider the representation of the petitioner, after getting report from the AD Mines and also Revenue Divisional Officer.

4. Therefore, it is for the authorities to do the needful. Hence, the District Collector, Karur is directed to consider the application filed under Rule 19(1) of the Mines and Minerals Concession Rules on merits within a period of three months from the date of receipt of a copy of this order.

5. With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (Per.Admn) /True Copy/ Sub Assistant Registrar ps To 1.The District Collector, Karur District, Karur.

2.The Assistant Director, Geology and Mining, Karur.

+1CC to Spl.Government Pleader Sr.No.64271 +1CC to Mr.N.Shanmuga selvam Advocate Sr.No.63969 GJM/JGB/30.11.2015-2P-5C W.P.(MD)No.19542 of 2015 30.10.2015 https://hcservices.ecourts.gov.in/hcservices/