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Madras High CourtWP(MD)/1787/2017dismissed

Roja Mahalir Mandram v. The State Of Tamil Nadu

2017-02-02Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 02.02.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P(MD)No.1787 of 2017 and W.M.P(MD)Nos.1473 & 1474 of 2017 Roja Mahalir Mandram (Registration No.81 of 2015), Rep. by its President R.Nachammal.

..Petitioner Vs

1. The State of Tamilnadu Rep. by its Secretary, Industries Department, Fort St. George, Chennai -600 009.

2. The District Collector, Madurai District, Madurai.

3. The Assistant Director of Geology and Mining, Madurai.

4. The Revenue Divisional Officer, Madurai, Madurai District.

5. The Tahsildar, Melur Taluk Office, Madurai District ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records of the 2nd Respondent's impugned order in Na.Ka.No.658/2015-Mines dated 12.01.2017 and quash the same as illegal and consequently direct the respondent to grant lease of stone quarry situated in Survey No.399/2A(P-I), Vanjinagaram Village, Melur Taluk, Madurai District.

For Petitioner : Mr.M.Kannan For Respondents : Mr.C.Selvaraj Special Government Pleader

ORDER

The petitioner is aggrieved against the order passed by the second respondent dated 12.01.2017, refusing to grant lease to the petitioner to quarry.

2.Admittedly, as against the order passed by the second respondent, an appeal remedy is available to the petitioner before the https://hcservices.ecourts.gov.in/hcservices/

Commissioner of Geology and Mining, Chennai. To that effect, the impugned order also indicates so. Therefore, it is for the petitioner to file such an appeal before the appellate authority and canvass all the points. Without doing so, the petitioner cannot straight away file this writ petition before this Court. Hence, the same cannot be entertained.

3.Accordingly, this writ petition is dismissed. However, liberty is granted to the petitioner to file an appeal before the appellate authority within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are also dismissed.

Sd/- Assistant Registrar(CO) /TURE COPY/ Sub Assistant Registrar To

1. The Secretary, State of Tamilnadu, Industries Department,Fort St. George,Chennai -600 009.

2. The District Collector, Madurai District,Madurai.

3. The Assistant Director of Geology and Mining, Madurai.

4. The Revenue Divisional Officer, Madurai, Madurai District.

5. The Tahsildar,Melur Taluk Office,Madurai District. COPY TO:

The Section Officer, E.R.Section, Madurai Bench Of Madras High Court, Madurai.

+1 CC to M/S.SPL.GOVT.PLEADER, SR NO: 5978 +1 cc to MR.M.KANNAN, ADVOCATE, SR No. 5812 AAM PN 06.02.2017 2P 9C W.P(MD)No.1787 of 2017 02.02.2017 https://hcservices.ecourts.gov.in/hcservices/