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Madras High CourtWP(MD)/17501/2022allowed

Palanisamy.R v. The Secretary To Government,

2025-04-07Honourable Mr Justice V. Lakshminarayanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2025

CORAM

THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN and WMP (MD) Nos. 12723 & 12725 of 2022 R. Palanisamy ..Petitioner Vs

1. The Secretary to Government Industries Department, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai-600009.

2.The Commissioner of Geology & Mining, Guindy, Chennai-600032.

3.The District Collector, Virudhunagar District, Virudhunagar.

4.The Assistant Director of Geology & Mining, Geology & Mining Department, Virudhunagar, Virudhunagar District.

..Respondents Prayer : Writ Petition is filed under Article 226 of Constitution of India, praying for issuance of writ of certiorari, calling for the records of the 3rd respondent, pertaining to his proceedings issued vide Na.Ka.No. KV 1/342/2019 dated 30.06.2022 and quash the same.

For Petitioner: M/s.Devadarshini For Respondent: Mr.Shaji Bino, Spl.GP

ORDER

I heard Ms.Devadarshini for Mr.R.Shankar Ganesh for the petitioner and Mr.Shaji Bino, learned Special Government Pleader for the respondents.

2. Both sides agreed that the issue raised in the writ petition is covered by the verdict of a Division Bench of this Court in M/s. Sakthi Mining Company Vs. Secretary to Government, Industries Department and Others in W.A.No. 671 of 2020, dated 15.02.2024. Following the Division Bench, I pass the following order;

i.Impugned order is quashed.

ii.Impugned order shall be treated as show cause notice on the petitioner. iii.The writ petitioner shall file his response to the said show cause along with relevant documents, within a period of four weeks from the date of receipt of a copy of this order.

iv.The authority shall consider the reply filed by the petitioner and pass appropriate orders.

3. All issues are left open to be agitated by the petitioner before the 3rd respondent.

4. The writ petition is ordered in the above terms. No costs. Consequently, connected Miscellaneous Petitions are closed. 07.04.2025 Index : Yes/No Internet : Yes/No ak

To

1. The Secretary to Government Industries Department, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai-600009.

2.The Commissioner of Geology & Mining, Guindy, Chennai-600032.

3.The District Collector, Virudhunagar District, Virudhunagar.

4.The Assistant Director of Geology & Mining, Geology & Mining Department, Virudhunagar, Virudhunagar District.

V. LAKSHMINARAYANAN, J.

ak and WMP (MD) Nos. 12723 & 12725 of 2022 07.04.2025