R. Perumalswamy, S/O. Ramasamy v. The Commissioner Of Geology
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.09.2018
CORAM
THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.[MD]No.19369 of 2018 and W.M.P.[MD]No.17198 of 2018 R.Perumalswamy : Petitioner Vs.
1.The Commissioner of Geology and Mining, Guindy, Chennai - 600 032.
2.The District Collector, Karur District, Karur.
: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records of the first respondent in proceedings R.C.No.5119/MM13/2012-1, dated 23.02.2018 and also second respondent's proceedings Na.Ka.No.25/Mineral/2012, dated 11/05/2012 and quash the same and further direct the respondents to receive the balance amount and execute the Lease Deed in respect of the rough stone quarry at Survey No.1327 (part), measuring to an extent of 0.74.0 hectares at Modakkur (Melpagam) Village (part-II), Aravakurichi Taluk, Karur District.
For Petitioner : Mr.S.Gopinathan For Respondents : Mr.M.Jeyakumar Additional Government Pleader
O R D E R
The petitioner is before this Court challenging the order passed by the first respondent in regard to the tender cum auction conducted and dismissing the appeal field by the petitioner herein by confirming the order passed by the second respondent in cancelling the subject tender to the petitioner.
2.In the order passed by the first respondent itself it is mentioned that in case the appellant is aggrieved, he can file a further appeal to the Additional Chief Secretary, Industries Department, Government of Tamil Nadu, as per Rule 36-C of the Tamil Nadu Minor Mineral Concession Rules, 1959. Without exhausting the alternative remedy provided under the statutory Rules, the petitioner has rushed to this Court by invoking its extraordinary jurisdiction under Article 226 of the Constitution of India. https://hcservices.ecourts.gov.in/hcservices/
3.This Court has time and again emphasized that when alternative remedy is provided in a relevant statute, the same has to be exhausted before invoking the jurisdiction of this Court. 4.In this case, effective alternative remedy is provided under Rule 36-C of the Tamil Nadu Minor Mineral Concession Rules, 1959. But, the writ petitioner has chosen to bye-pass the said effective remedy and rushed to this Court.
5.For the above, this Court is of the view that this writ petition is not maintainable at this moment. Accordingly, the Writ Petition stands dismissed. However, the petitioner is always at liberty to approach the appropriate authority as mentioned in the impugned order, if he is so advised. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS I) /True Copy/ Sub Assistant Registrar(CS IV) MR Note: The Registry is directed to return the original impugned order to the learned Counsel for the petitioner after proper identification.
To 1.The Commissioner of Geology and Mining, Guindy, Chennai - 600 032.
2.The District Collector, Karur District, Karur.
1CC TO MR. D. VENKATESH, ADVOCATE SR 82985 1CC TO THE SPL GOVT PLEADER SR 83350 DS RSK SAR 4 1 10 2018 2P 5C ORDER MADE IN W.P.[MD]No.19369 of 2018 07.09.2018 https://hcservices.ecourts.gov.in/hcservices/