Durairaj Ariyachan.A v. The Commissioner Of Geology And Mining

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2023

CORAM:

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HON'BLE MR.JUSTICE C.KUMARAPPAN and WMP(MD) Nos.13091, 13092 and 13148 of 2023 A.Durairaj Arivachan ... Petitioner -vs1.The Commissioner of Geology and Mining, O/o.The Commissioner of Geology and Mining, Guindy, Chennai. 2.The District Collector Dindigul District, Dindigul.

3.The Tahsildar, Nilakottai Nilakottai Taluk Office, Dindigul.

4.The Assistant Director of Geology and Mining, Department of Geology and Mining, District Collectorate, Dindigul 5.Mariammal

6.Nagendran 7.J.Jayakanthan The Commissioner of Geology and Mining Guindy, Chennai 600 032 ... Respondents (R7 is suo motu impleaded vide order dated 04.07.2023) PRAYER: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order made by the 1st respondent in his proceeding in RC No. 3598/MM6/2023 dated 26.05.2023 and quash the same as illegal and consequently forbear the respondents from operating any stone quarry in Survey No.318/2 Mallanampatti Village, Nilakottai Taluk, Dindigul District. For Petitioner : Mr.M.Mahaboob Athiff For Respondents :Mr.D.Sasikumar for R1 to R4 & R7 Additional Government Pleader T.Cibi Chakraborthy for R6 No appearance for R5

O R D E R

[Order of the Court was made by The Hon'ble The CHIEF JUSTICE] We have heard the learned counsel for the petitioner, the learned Additional Government Pleader for the respondents 1 to 4 and the learned counsel for the respondent No.6.

2. We have kept the matter today (01.09.2023) for the learned Additional Government Pleader to take instructions.

3. The learned Additional Government Pleader submits that the Commissioner would pass orders by 04.09.2023 on cancelling the license. The learned counsel for the respondent No.6 submits that his money is involved. He may take up the process of refund of money as may be permissible under law.

4. In view of the statement made by the learned Additional Government Pleader, the purpose of the writ petition stands served. The writ petition is disposed of accordingly. However, there shall be no order as to costs. Consequently connected Miscellaneous Petitions are closed. [S.V.G., CJ.] [C.K., J.] 01.09.2023 NCC : Yes / No Index : Yes / No RR

To 1.The Commissioner of Geology and Mining, O/o.The Commissioner of Geology and Mining, Guindy, Chennai. 2.The District Collector Dindigul District, Dindigul.

3.The Tahsildar, Nilakottai Nilakottai Taluk Office, Dindigul.

4.The Assistant Director of Geology and Mining, Department of Geology and Mining, District Collectorate, Dindigul 7.J.Jayakanthan The Commissioner of Geology and Mining Guindy, Chennai 600 032

THE HON'BLE THE CHIEF JUSTICE and C.KUMARAPPAN , J.

RR W.P.(MD)No.15586 of 2023 01.09.2023