K.Nanthitha v. The Commissioner Of Geology And Mining

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2025

CORAM

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN K.Nanthitha .. Petitioner Vs.

1.The Commissioner of Geology and Mining, O/o. the Commissioner of Geology and Mining, Appellate Authority, Industrial Estate, Guindy, Chennai.

2.The District Collector, Tenkasi District, Tenkasi.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the Respondent No.1 to dispose of the appeal preferred by the petitioner under Rule 36 C of the Tamil Nadu Minor Mineral Concession Rules, 1959 dated 21.03.2025 and consequently forbear the Respondent No.2 from initiating any coercive action till the disposal of the appeal within the time period stipulated by this Court. For Petitioner : Mr.M.Mahaboob Fazil For Respondents : Mr.G.Suriyananth Additional Government Pleader

ORDER

The petitioner seeks for a Mandamus to direct the first respondent to dispose of the appeal preferred by the petitioner dated 21.03.2025, under Rule 36-C of the Tamil Nadu Minor Mineral Concession Rules of 1959 and consequently, to forbear the second respondent from initiating any coercive action till the disposal of the appeal within the time period stipulated by this Court.

2. The petitioner states that she is running a brick kiln in Survey Nos.985/4, 985/6, 986/2 and 986/3 at Thirumalapuram Village, Sivagiri Taluk, Tenkasi District. The petitioner states that she made out an application for renewal of license for the brick kiln. The said application came to be rejected by the second respondent. Aggrieved by the same, she has preferred an appeal before the first respondent. The appeal is a statutory appeal invoking Rule 36-C (2) of the Tamil Nadu Minor Mineral Concession Rules of 1959. She states that she has invested about Rs.3 crores and on account of the non-issuance of licence, her entire investment is at stake. Hence, she seeks for an expeditious disposal of the statutory appeal.

3. Mr.G.Suriyananth, learned Additional Government Pleader representing the respondents, states that the appeal is pending

consideration before the first respondent and it will be disposed of as per the directions given by this Court.

4. Taking into consideration that it is a statutory appeal, there shall be a direction to the first respondent to dispose of the appeal filed by the petitioner dated 21.03.2025 within a period of twelve (12) weeks from today.

5. This Writ Petition stands ordered in the above terms. There shall be no order as to costs.

15.04.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Lm Note: Issue order copy by 15.04.2025.

To 1.The Commissioner of Geology and Mining, O/o. the Commissioner of Geology and Mining, Appellate Authority, Industrial Estate, Guindy, Chennai.

2.The District Collector, Tenkasi District, Tenkasi.

V.LAKSHMINARAYANAN,J.

Lm 15.04.2025