Rasheed Ali.C v. The Director / Commissioner Of Geology And Minning

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.20595 of 2022 and W.M.P.(MD)Nos.14934, 14939 & 14940 of 2022 C.Rasheed Ali ... Petitioner Vs.

1.The Director / Commissioner of Geology & Mining, Department of Geology & Mining, Industrial Estate, Guindy, Chennai-600 032.

2.The Joint Director of Geology and Mining, Department of Geology and Mining, Tirunelveli.

3.The District Collector, 4.The Assistant Director (Geology & Mines), Department of Geology and Mines, Collectorate Building, 5.The Revenue Divisional Officer, O/o. the Revenue Division Office, Tirunelveli, Tirunelveli District.

... Respondents 1/4

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 order passed by the 5th respondent in his proceedings Na.Ka.No.A5/2232/2022 dated 09.07.2022 and quash the same as illegal and consequently direct the respondents to conduct Re-Inspection in presence of the petitioner at the quarry located in Survey Nos.1662/1A (1.62.0) and 1663/1A (1.21.5), totally to an extent of 2.83.5 Hectares of Patta land in Kangaikondan Part - II Village, Tirunelveli Taluk, Tirunelveli District within the period that may be stipulated by this Court. For Petitioner : Mr.Ajmal Khan Senior Counsel For Respondents : Mr.P.Thilakkumar Government Pleader

ORDER

Heard the learned senior counsel appearing for the petitioner and the learned Government Pleader appearing for the respondent.

2. By the impugned show cause notice, the petitioner had been called upon to offer his explanation as to why the penalty amount specified therein should not be imposed on him. Similarly worded show cause notices were quashed by me and the matters were remanded to the file of the competent authority vide order dated 11.08.2022 in W.P.(MD)No.17906 of 2022. 2/4

3. For the very same reasons, the impugned show cause notices are also quashed. The Writ Petitions are allowed. It is open to the authority concerned to initiate action afresh on merits and in accordance with law. No costs. Consequently, connected miscellaneous petitions are closed. 01.09.2022 Index : Yes / No Internet : Yes/ No rmi To 1.The Director / Commissioner of Geology & Mining, Department of Geology & Mining, Industrial Estate, Guindy, Chennai-600 032.

2.The Joint Director of Geology and Mining, Department of Geology and Mining, Tirunelveli.

3.The District Collector, 4.The Assistant Director (Geology & Mines), Department of Geology and Mines, Collectorate Building, 3/4

G.R.SWAMINATHAN, J.

rmi 5.The Revenue Divisional Officer, O/o. the Revenue Division Office, 01.09.2022 4/4