Madras High CourtWMP(MD)/4957/2017ordered

M. Mariammal v. The Assistant Director Of

2017-04-20Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Thursday, the Twentieth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU WMP(MD) No.4957 of 2017 IN WP(MD) No.14554 of 2015 1 M. MARIAMMAL W/O. MANICKAM NO.22/23 KOTHANE LANE,KULLARPALAYAM, PANGARU STREET.BODINAICKANUR POST, THENI DISTRICT. ... PETITIONER/ PETITIONER IN WMP(MD) No.4957 of 2017 Vs 1 THE ASSISTANT DIRECTOR OF GEOLOGY AND MINES, THENI, THENI DISTRICT. ... RESPONDENT/RESPONDENT IN WMP(MD) No.4957 of 2017 PRAYER IN WMP(MD) No.4957 of 2017:

This Miscellaneous petition filed under Article 226 of the Constitution of India, to restore the Writ Petition dismissed for default on 13.03.2017 to file and thereby afford an opportunity to the petitioner to present his case .

Prayer in WP(MD). 14554/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent to receive the petitioner's application for grant of transit pass for transportation of minerals in respect of the lease granted on 09.03.2012 in Roc.No.319 of 2011 over the property comprised in S.No.100/1B and pass appropriate orders in terms of Rule 6(3) of the Tamil Nadu Prevention of illegal Mining and Transportation and Storage of Minerals and Mineral Dealers Rule 2011.

ORDER : This petition coming on for hearing on this day upon perusing the petition and affidavit and material papers of this petition and upon hearing the arguments of Mr.S.R.RAJAGOPAL, Advocate for the petitioner and Mr.A.ANANDARAJ, Government Advocate for the Respondent, this court made the following order:- This petition has been filed to restore W.P(MD)No.14554 of 2015, which was dismissed for non-prosecution on 13.03.2017. https://hcservices.ecourts.gov.in/hcservices/ 2.Heard the submissions made on either side and perused the affidavit filed in support of this petition.

3.Being satisfied with the reasons stated by the petitioner, this Court is inclined to restore the Writ Petition. Accordingly, this petition is allowed and W.P(MD)No.14554 of 2015 is restored to file.

4.Post the Writ Petition on 05.06.2017 for hearing. Sd/- Assistant Registrar(CSII) /True Copy/ Sub-Assistant Registrar TO 1 THE ASSISTANT DIRECTOR OFGEOLOGY AND MINES, THENI, THENI DISTRICT.

2 THE SECTION OFFICER, WRIT SECTION, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

ORDER DATED :20/04/2017 HEARING DATED :05/06/2017

ORDER

WMP(MD) No.4957 of 2017 IN WP(MD) No.14554 of 2015 MAS/SKN-RSK/SAR2:26.04.2017:2P-3C https://hcservices.ecourts.gov.in/hcservices/