Madras High CourtWP(MD)/12677/2016disposed of

Sundarraj v. The Addititonal Chief

2016-07-20Honourable Mr Justice M. Venugopal2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 20.07.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.12677 of 2016 Sundarraj ..Petitioner Vs 1.The Additional Chief Secretary, Government of Tamil Nadu, Industries Department, Fort.St.George, Chenai - 600 009.

2.The Commissioner of Geology and Mining, Guindy, Chennai.

3.The District Collector, Tirunelveli District, Tirunelveli.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the first respondent to dispose of the Petitioner's appeal dated 20.3.2015 by affording personal hearing to the Petitioner within the time frame fixed by this Court. For Petitioner : M/s.R.J.Karthick For Respondents : Mr.K.Mahesh Raja Govt.Advocate

ORDER

Heard both sides.

2.By consent of both sides, the main Writ Petition itself is taken up for final disposal.

3.No counter is filed on behalf of the Respondents. 4.According to the Petitioner his appeal, dated 20.3.2015 is pending before the First Respondent as on date. Therefore, he has filed the present Writ Petition for passing of an order by this Court to dispose of his appeal, dated 20.3.2015 by affording personal hearing to him within the time frame to be determined by this Court.

5.In view of the fact that the Petitioner's appeal, dated 20.3.2015 is pending before the First Respondent without any progress or disposal, till date, this Court without expressing any opinion on the merits and contents of the appeal preferred by the Petitioner, which is lying before the First Respondent, in the interest of justice and fair play, directs the First Respondent to take up the appeal filed by the Petitioner on 20.3.2015 and to https://hcservices.ecourts.gov.in/hcservices/

dispose of the same by passing a reasoned speaking order on merits (of course after providing necessary opportunity to the Petitioner and others concerned, if any, by adhering to the principles of natural justice in true letter and spirit) within a period of five weeks from the date of receipt of a copy of this order. . It is open to the Petitioner to produce copies of all necessary/relevant documents before the First Respondent and the First Respondent, in turn, shall take into consideration of the same at the time of disposal of the appeal of the Petitioner, dated 20.3.2015. The Petitioner is also directed to lend his assistance/co-operation to the First Respondent in disposing of his appeal, dated 20.3.2015, within the time prescribed by this Court. 6.With the aforesaid observations and directions, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To 1.The Additional Chief Secretary, Government of Tamil Nadu, Industries Department, Fort.St.George, Chenai - 600 009.

2.The Commissioner of Geology and Mining, Guindy, Chennai.

3.The District Collector, Tirunelveli District, Tirunelveli.

+1cc to M/s.R.J.Karthick, Advocate in SR.38504 +1cc to the Special Government Pleader, in SR.38415 W.P(MD)No.12677 of 2016 20.07.2016 vsn PBK/SK-SKN 28/07/2016 ::2P-6C::

https://hcservices.ecourts.gov.in/hcservices/