Vanarajan.K v. The Director Of Geology And Mining

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.24273 of 2023 K.Vanarajan ... Petitioner Vs.

1.The Director of Geology and Mining, Office of the Commissioner of Geology & Mining, Industrial Estate, Guindy, Chennai - 600 032.

2.The District Collector, Office of the District Collector, Dindigul District, Dindigul.

3.The Assistant Director of Geology and Mining, Department of Geology and Mining, Dindigul 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 Respondents herein to permit the petitioner to conduct the rough stone quarrying manually by stone quarrying in the property comprised in S.No.1823 (part) of an extent of 2.00 Hectares situated at Kambiliampatti Village, Dindigul East Taluk, Dindigul District for a further period of six 1/4

months of non operational period due to sudden outbreak of COVID - 19 Pandemic situation, during operations vide proceedings issued by the 2nd respondent in Na.Ka.No.679/2017 (Mines) dated 18.01.2019 and consequently directing the 2nd respondent to issue transport permits to the petitioner for extension period of operation of the quarrying by considering the representation of the petitioner dated 07.09.2023 and 19.10.2023.

For Petitioner : Mr.B.Saravanan, Senior Counsel, For Mr.C.Gangai Amaran.

For Respondents : Mr.S.RA.Ramachandran, Addl. Government Pleader.

ORDER

Heard the learned senior counsel for the writ petitioner and the learned Additional Government Pleader for the respondents. 2.The petitioner was granted rough stone quarry license vide order dated 18.01.2019. The lease period commenced on 26.02.2019. The lease period is to expire on 25.02.2014. The case of the petitioner is that on account of covid pandemic, the quarry could not be operated for a 2/4

certain period. The petitioner therefore seeks corresponding extension of the lease period.

3.The learned senior counsel for the petitioner relies on the order dated 31.05.2023 passed by the Assistant Director of Geology and Mining, Madurai in a similar case.

4.The third respondent is directed to pass an order on the petitioner's request for extension of time on merits and in accordance with law. Such an order shall be passed by the third respondent on or before 20.01.2024. The third respondent shall hear the petitioner in person before passing an order.

5.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. 30.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

ias To:- 1.The Director of Geology and Mining, Office of the Commissioner of Geology & Mining, Industrial Estate, Guindy, Chennai - 600 032.

2.The District Collector, Office of the District Collector, Dindigul District, Dindigul.

3.The Assistant Director of Geology and Mining, Department of Geology and Mining, Dindigul District.

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