V.Isravel v. The Director/Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI V.Isravel ... Petitioner Vs 1.The Director/Commissioner Department of Geology and Mining Thiru VI Ka Industrial Estate, Guindy, Chennai-32.
2.The District Collector, Tirunelveli District, Tirunelveli.
3.The Assistant Director of Geology and Mining, Collectorate, Tirunelveli.
4.The Sub-Collector, Cheranmadevi, Tirunelveli District.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third respondent to issue conveyance pass to the petitioner's quarry within stipulated time.
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For Petitioner :Mr.T.Augustine Ebenezer For Respondents :Mr.M.Sarangan Additional Government Pleader
O R D E R
With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.
2. The petitioner has approached this Court that though the respondents have granted a licence for conducting the rough stone quarry in the petitioner's patta land, transfer permit has not been issued.
3. The learned Additional Government Pleader appearing for the respondents, on instructions, submitted that this land where the quarry lease has been granted, which is the subject matter of the finance company, namely, PACL. Licence has been issued in the year 2021, however, by the order of the Hon'ble Supreme Court all the properties belonging to the Finance Company has been attached by the Hon'ble Supreme Court by order dated 22.07.2022 and therefore, show cause notice has been issued to the petitioner and without responding to the show cause notice, the petitioner has filed this writ petition. 2/5
4. This Court considered the rival submissions made by both parties and perused the records.
5. It appears that on the orders of the Hon'ble Supreme Court, the property where the licence has been issued to conduct the rough stone quarry has already been attached by the Hon'ble Supreme Court. The respondents have also issued a show cause notice to the petitioner on 21.08.2023.
6. In view of the above, the petitioner shall appear before the respondent and offer his explanation how this licenced property is not coming under the attachment of the Hon'ble Supreme Court and cooperate for an enquiry. The third respondent shall conduct an enquiry after receiving the reply from the petitioner and pass necessary orders within a period of twelve (12) weeks from the date of receipt of the reply from the petitioner.
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7. Accordingly, this writ petition is disposed of. No cost. NCC : Yes / No.
Index : Yes / No.
08.09.2023 Internet:Yes am To 1.The Director/Commissioner Department of Geology and Mining Thiru VI Ka Industrial Estate, Guindy, Chennai-32.
2.The District Collector, Tirunelveli District, Tirunelveli.
3.The Assistant Director of Geology and Mining, Collectorate, Tirunelveli.
4.The Sub-Collector, Cheranmadevi, Tirunelveli District.
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B.PUGALENDHI, J.
am Order made in 08.09.2023 5/5