Madras High CourtWP(MD)/16781/2016disposed of

P. Nagarajan, v. The Secretary To The Governmen

2016-09-02Honourable Mr Justice M. Venugopal2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 02.09.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.16781 of 2016 and WMP(MD)No12190 of 2016 P.Nagarajan ... Petitioner Vs.

1.The Secretary to the Government, Department of Mines and Minerals, Fort St.George, Chennai - 9.

2.The District Collector, Madurai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st Respondent to dispose of the Petitioner's representation appeal, dated 10.02.2016 within a time fixed by this Court, besides direct the 1st respondent to give an opportunity of personal hearing to the Petitioner, at the time of disposal of the above appeal, duly permitting the petitioner to produce document to substantiate his stand.

For Petitioner : Mr.B.Prahalad Ravi For Respondents : Mr.N.S.Karthikeyan Addl.Govt.Pleader

ORDER

Heard both sides.

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

3. No counter is filed on behalf of the First Respondent. https://hcservices.ecourts.gov.in/hcservices/

4. According to the Petitioner, his Appeal, dated 10.02.2016, is pending before the First Respondent / Secretary to the

Government, Department of Mines and Minerals, Chennai-9. The said Appeal is pending, as on date, and hence, the Petitioner has filed the present Writ Petition, praying for passing of an order by this Court in directing the First Respondent, to provide him a personal hearing, at the time of hearing of the Appeal, by permitting him to produce documents to substantiate his stand.

5. Considering the fact that the Petitioner's Appeal, dated 10.02.2016, is pending before the First Respondent / Secretary to the Government, Department of Mines and Minerals, Chennai-9, at this stage, this Court, without expressing any opinion on the merits and contents of the Appeal of the Petitioner, dated 10.02.2016, in the interest of justice and fair play, directs the First Respondent, to take the pending Appeal of the Petitioner and to dispose of the same, on merits, within a period of six weeks from the date of receipt of a copy of this order (of-course, after providing necessary opportunity to the Petitioner and others concerned, by following the principles of natural justice, in true letter and spirit, by issuing notice to the Petitioner and others concerned, if any, and also if need be, to provide a personal hearing). The Petitioner is directed to lend his assistance and co-operation to the First Respondent so as to enable the First Respondent to dispose of the pending Appeal of the Petitioner, within the time, as adumbrated by this Court.

6. With the aforesaid observation(s) and direction(s), the Writ Petition stands disposed of. No costs. Consequently, connected Writ Miscellaneous Petition is closed. Sd/- Assistant Registrar(P&A) /True copy/ Sub Assistant Registrar To 1.The Secretary to the Government, Department of Mines and Minerals, Fort St.George, Chennai - 9.

2.The District Collector, Madurai.

+1cc to Mr.B.Prahalad Ravi, Advocate SR.No.50747 +1cc to special Government Pleader SR.No.50193 mpk sm:SS3:12/09/2016:2P/5C W.P(MD)No.16781 of 2016 02.09.2016 https://hcservices.ecourts.gov.in/hcservices/