Premanand R v. The Commissioner And Director Of Geology And Mining

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.12615 of 2022 and W.M.P.(MD)No.8937 of 2022 R.Premanand ... Petitioner Vs.

1.The Commissioner & Director of Geology & Mining, Thiru.Vi.Ka.Industrial Estate, Guindy, Chennai-600 032.

2.The District Collector, Theni District, Theni.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the second respondent to conduct enquiry and pass appropriate order for granting quarrying permission to quarry gravel with respect to the petitioner's patta land comprised in Survey No.235/1D, 235/2, 235/3A & 235/3B over an extent of hectare 3.20.0 in Rajathani Village, Andipatti Taluk, Theni District pursuant to the order of the first respondent made in Na.Ka.No. 5342/MM6/2018, dated 16.12.2020 within the time frame as fixed by this Court.

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For Petitioner : Mr.P.T.Narendravasan For R1 & R2 : Mr.P.Thilakkumar Government Pleader

O R D E R

Heard the learned counsel on either side.

2. The petitioner's lease was cancelled by the second respondent on 29.06.2020. Aggrieved by the same, the petitioner moved the first respondent by way of an appeal. Vide order dated 16.12.2022, the order of the second respondent was set aside and the matter was remanded to the file of the second respondent. Even though more than 1 1⁄2 years have elapsed, till date, the second respondent has not passed any order. Aggrieved by the same, this Writ Petition has been filed.

3. When the matter was taken up for hearing, the learned Government Pleader, on instructions, states that the petitioner will be given an opportunity of hearing and final order will be passed by the second respondent within a period of four weeks from the date of receipt of a copy of this order.

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4. Recording the submission, I direct the second respondent to conduct enquiry and pass appropriate order on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

5. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. 05.07.2022 Index : Yes / No Internet : Yes/ No rmi NOTE: Issue Order Copy on 06.07.2022 To 1.The Commissioner & Director of Geology & Mining, Thiru.Vi.Ka.Industrial Estate, Guindy, Chennai-600 032.

2.The District Collector, Theni District, Theni.

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G.R.SWAMINATHAN,J.

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