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Madras High CourtWP(MD)/18416/2022allowed

Mohamed Kather Meeran Mohideen v. The Director Cum Commissioner

2022-08-16Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2022

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.18416 of 2022 Mohamed Kather Meeran Mohideen ... Petitioner v.

1.The Director cum Commissioner, Department of Geology and Mines, Thiru.Vi.Ka.Industrial Estate, Guindy, Chennai.

2.The Joint Director of Geology and Mines, Tiruneveli.

3.The District Collector, Tirunelveli District.

4.The Revenue Divisional Officer, Tirunelveli District.

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

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned show cause notice issued along with inspection report dated 09.07.2022 made in Na.Ka.No.A5/2239/2022 issued by the fourth respondent and set aside the same as illegal and consequently 1/4

direct the respondents to conduct re-inspection and re-survey after providing sufficient opportunity to the petitioner by considering the petitioner's representation dated 23.07.2022.

For Petitioner : Mr.R.Gandhi For Respondents : Mr.P.Thilakkumar, Government Pleader

ORDER

Heard the learned counsel on either side.

2.The issue raised in this writ petition is squarely covered by the order dated 11.08.2022 made in WP(MD)No.17906 of 2022 etc batch. The notice impugned in this writ petition is also identically worded. For the reasons set out in WP(MD)No.17906 of 2022 etc., batch order, the impugned notice is quashed. The writ petition is allowed. The respondents are at liberty to proceed afresh in accordance with law. No costs. Consequently, connected miscellaneous petitions are closed.

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To 1.The Director cum Commissioner, Department of Geology and Mines, Thiru.Vi.Ka.Industrial Estate, Guindy, Chennai.

2.The Joint Director of Geology and Mines, Tiruneveli.

3.The District Collector, Tirunelveli District.

4.The Revenue Divisional Officer, Tirunelveli District.

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

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G.R.SWAMINATHAN, J.

skm W.P(MD)No.18416 of 2022 16.08.2022 4/4