Murugan v. The Member Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2020
CORAM
THE HON'BLE MR.JUSTICE M.SATHYANARAYANAN and THE HON'BLE MR.JUSTICE P.RAJAMANICKAM W.P.(MD)No.11858 of 2020 and W.M.P.(MD)Nos.10263 & 10264 of 2020 (Through Video conferencing) Murugan
...Petitioner
-Vs1.The Member Secretary State Level Environment Impact Assessment Authority Tamil Nadu 3rd Floor, Panagal Maaligai No.1, Jennis Road, Saidapet Chennai.
2.The District Collector Virudhunagar District Virudhunagar.
3.The Assistant Director Geology and Mining Virudhunagar District Virudhunagar.
4.The Revenue Divisional Officer Sivakasi Virudhunagar District.
5.The Tahsildar Sivakasi Taluk Virudhunagar District.
6.The Village Administrative Officer Pudukottai Village Sivakasi Taluk Virudhunagar District.
7.The President Pudhukottai Village Panchayat Sivakasi Panchayat Union Virudhunagar District.
8.Mrs.Maheswari
...Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Certiorari, to call for the records of the 2nd respondent in his proceedings in 1/3
Na.Ka.KV1/297/2019 dated 02.07.2020 and quash the same as illegal, arbitrary, violation of law.
For Petitioner : Mr.M.R.Srinivasan For M/S.M.Jothibasu For Respondents : Mr.K.P.Krishnadoss, Special Govt. Pleader for R2 to R6
ORDER
[Order of the Court was made by M.SATHYANARAYANAN, J.,] After some arguments, the learned counsel appearing for the petitioner seeks permission of this Court to withdraw this writ petition with liberty to challenge the impugned proceedings of the second respondent dated 02.07.2020, by filing an appeal under Section 36-C (2) of the Tamil Nadu Minor Mineral Concession Rules, 1959 and further prays for extension of the period of limitation, as he is being a third party after collecting the said order, he has to file the appeal and thereby, sought to prosecute the appeal.
2. This Court heard the submissions of Mr.K.P.Krishnadoss, learned Special Government Pleader, who accepts notice on behalf of the respondents 2 to 6.
3. The learned counsel appearing for the petitioner undertakes to send an endorsement, as to the withdrawal of the writ petition by way of an E-mail to the Registry of this Court.
4. In the light of the endorsement made, this writ petition is dismissed as withdrawn and the petitioner, if so advised, is at liberty to invoke Section 36-C (2) of of the Tamil Nadu Minor Mineral Concession Rules, 1959 and file an appeal before the Director of Geology and Mining, by enclosing relevant and authenticated documents, within a period of two weeks (2) from the date of receipt of a copy of this order and upon receipt of the same, the said Official may entertain the said appeal, if the papers are otherwise in order and give a disposal in accordance with law and also adhere to the principles of natural justice, as expeditiously as possible. No costs. Consequently, connected miscellaneous petitions are also closed.
Sd/- Assistant Registrar (ADII) // True Copy // / /2020 Sub Assistant Registrar(CS) vsm 2/3
Note:
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. TO 1.The Member Secretary State Level Environment Impact Assessment Authority Tamil Nadu 3rd Floor, Panagal Maaligai No.1, Jennis Road, Saidapet Chennai.
2.The Director of Geology and mining, Industry Estate, Guindy, Chennai.
3.The District Collector Virudhunagar District Virudhunagar.
4.The Assistant Director Geology and Mining Virudhunagar District Virudhunagar.
5.The Revenue Divisional Officer Sivakasi Virudhunagar District.
6.The Tahsildar Sivakasi Taluk Virudhunagar District.
7.The Village Administrative Officer Pudukottai Village Sivakasi Taluk Virudhunagar District.
8.The President Pudhukottai Village Panchayat Sivakasi Panchayat Union Virudhunagar District.
+1cc to M/S Spl.GP CASR.No 17574 +1cc M/S M. Jothi Basu CASR 17797 vsm W.P.(MD)No.11858 of 2020 and W.M.P.(MD)Nos.10263 & 10264 of 2020 22.09.2020 SS(CO) KB(05.10.2020) 3P 11C 3/3