Himalaya Mineral Processors v. Additional Chief Secretary To Government (Fac)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No. 16782 of 2025 Himalaya Mineral Processors, Represented by its Managing Partner, Maria Dora Dhafney, W/o.R.Vincent Arockiasamy ... Petitioner vs.

1. The Additional Chief Secretary to Government (FAC), Natural Resources (MMC.1) Department, Secretariat, Chennai - 600009.

2. The Commissioner Geology and Mining, Guindy, Chennai - 600032.

3. The District Collector, Tirunelveli District.

4. The Assistant Director of Mines and Geology, Tirunelveli District.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to issue transit pass for minor minerals from quarry and crusher according to Rule 6 of the Tamil Nadu Prevention of Illegal Mining Transportation and Storage of Minerals and Mineral Dealers Rules 2011 vide the petitioner's application dated 13.05.2025.

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For Petitioner : Mr.Sricharan Rangarajan, Senior Counsel, for Mr.D.Saravanan For Respondents : Mr.K. Selva Ganesan, Additional Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the Respondents No.3 to 7 to disburse the remaining payment of Rs.1,29,90,005/- by considering the representation dated 11.04.2025.

2. The contention of the petitioner is that he possesses a license issued by the respondents. However, the respondents failed to issue a transit pass.

3. The Learned Additional Government Pleader, appearing for the respondents, submitted on instructions that the petitioner has violated certain conditions, and therefore, the respondents issued a show-cause notice on 13.06.2025.

4. Considering the facts of the case, this Court is of the considered opinion that the enquiry is a separate cause of action, and issuing a transit pass is a separate cause of action. The respondents cannot cite a show-cause notice and deny the issuance of the transit pass.

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5. Accordingly, this writ petition is disposed of, directing the respondents to issue the transit pass within one week from the date of receipt of a copy of this order. As far as the show-cause notice, the petitioner is directed to submit a reply within three weeks thereafter. The enquiry shall be conducted after issuing notice to both parties, and appropriate orders shall be passed in accordance with the law. No Costs.

23.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA Note : Issue a copy of order on 25.06.2025 To

1. The Additional Chief Secretary to Government (FAC), Natural Resources (MMC.1) Department, Secretariat, Chennai - 600009.

2. The Commissioner Geology and Mining, Guindy, Chennai - 600032.

3. The District Collector, Tirunelveli District.

4. The Assistant Director of Mines and Geology, Tirunelveli District.

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S.SRIMATHY , J.

KSA ORDER MADE IN DATED :23.06.2025 4/4