Bhagavathi Amman Mahalir Sangam v. The Director Of Geology And Mining
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.12456 of 2024 Bhagavathi Amman Mahalir Sangam, Represented by its President Rajammal, D/o.Pazhaniappan, Pallanatham, Mallapuram Post, Vedasandur Taluk, Dindigul District.
... Petitioner Vs.
1.The Director of Geology and Mining, Office of the Commissioner of Geology and Mining, Industrial Estate, Guindy, Chennai - 600 032.
2.The District Collector, Office of the District Collector, Dindigul District, Dindigul.
3.The Assistant Director of Geology and Mining, Department of Geology and Mining, Dindigul District.
... Respondents 1/5
Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to permit the petitioner to conduct the rough stone quarrying manually by stone quarrying in the property comprised in S.No. 1798 (Part-2) of an extent of 2.00 Hectares situated at Mallapuram Village, Vedasandur Taluk, Dindigul District for a further period of two years of non operational period due to sudden outbreak of COVID-19 Pandemic situation, during which time the petitioner was not permitted to conduct the quarry operations vide proceedings issued by the second respondent in Na.Ka.No. 673/2017 (Mines) dated 10.06.2019 and consequently directing the second respondent to issue transport permits to the petitioner for extension period of operation of the quarrying by considering the representation of the petitioner dated 02.05.2024. For Petitioner : Mr.B.Saravanan Senior Counsel for Mr.C.Gangai Amaran For Respondents : Mr.Veera.Kathiravan Additional Advocate General Assisted by Mr.K.Balasubramani Special Government Pleader 2/5
ORDER
Heard the learned Senior Counsel appearing for the petitioner and the learned Additional Advocate General assisted by the learned Special Government Pleader appearing for the respondents. 2.The petitioner was granted rough stone quarry license vide order dated 10.06.2019. Lease period was expired on 09.06.2024. The petitioner's case is that the petitioner has to be given extension of the lease in view of suspension of their operations on account of Covid pandemic. The petitioner has give an application in this regard before the second respondent.
3.I cannot issue any positive direction in favour of the petitioner at this stage. It is for the second respondent who must take a call in the matter in the first instance.
4.The second respondent is directed to pass order on the petitioner's request for extension of time on merits and in accordance with law. Such an order shall be passed by the second respondent within a period of six weeks from the date of receipt of a copy of this order. 3/5
5.This writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
01.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To 1.The Director of Geology and Mining, Office of the Commissioner of Geology and Mining, Industrial Estate, Guindy, Chennai - 600 032.
2.The District Collector, Office of the District Collector, Dindigul District, Dindigul.
3.The Assistant Director of Geology and Mining, Department of Geology and Mining, Dindigul District.
4/5
G.R.SWAMINATHAN,J.
MGA 01.07.2024 5/5