M/S. Harini Blue Metals v. The District Collector

1 W.P.(MD)NO.28951 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.28951 of 2022 M/s.Harini Blue Metals, Rep. By its Proprietrix R.Elango, Thennampatti Village, Vedasandur Taluk, Dindigul District.

... Petitioner Vs.

1. The District Collector, Dindigul, Dindigul District.

2. The Assistant Director, Geology and Mining, District Collectorate, Dindigul, Dindigul District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to issue transit pass to transport the quarried mines from the petitioner's properties situated in S.F.Nos.432, 433, 483, 484/1, 484/2 and 485/1A at Thennampatti Village, Vedasandur Taluk, Dindigul District, by considering the petitioner's representation dated 19.09.2022 within the time frame fixed by this Court.

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2 W.P.(MD)NO.28951 OF 2022 For Petitioner : Mr.C.Prithviraj For Respondents : Mr.A.Baskaran, Additional Government Pleader.

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O R D E R

Heard the learned counsel on either side.

2. The petitioner has been licensed to quarry M sand in the petition mentioned lands. The petitioner is not being issued with transit pass. That led to the filing of this writ petition.

3. When the matter was taken up for hearing, the learned Additional Government Pleader appearing for the respondents submitted that an appropriate order on merits and in accordance with law will be passed on the petitioner's representation. He further indicated that some complaints had been received and the enquiry is presently going on. 2/4

3 W.P.(MD)NO.28951 OF 2022

4. I am not satisfied with the objections raised by the learned Additional Government Pleader. Admittedly, the petitioner is a licensee. No order suspending the license or prohibition order adverse to the petitioner's interest has been passed. Therefore, the respondents are obliged to issue transit pass as sought for. However, this will be subject to passing of any appropriate order on merits and in accordance with law by the respondents. Subject to the aforesaid clarification, this writ petition stands allowed. No costs.

13.02.2023 NCS : Yes / No Index : Yes / No Internet : Yes / No PMU Note : Issue order copy on 15.02.2023.

To:

1. The District Collector, Dindigul, Dindigul District.

2. The Assistant Director, Geology and Mining, District Collectorate, Dindigul, Dindigul District.

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4 W.P.(MD)NO.28951 OF 2022 G.R.SWAMINATHAN,J.

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