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Madras High CourtWP(MD)/30884/2023dismissed as infructuous

Durairaj .P v. The Commissioner Of Geology And Mining

2024-12-02Honourable Mr Justice G.K. Ilanthiraiyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P(MD)No.26510 of 2023 P.Durairaj

...Petitioner

-Vs1.The Commissioner of Geology & Mining, Guindy, Chennai - 600 032.

2.The District Collector, Theni District.

3.The Assistant Director, Geology & Mining, Theni District.

4.The Revenue Divisional Officer, Uthamapalayam, Theni District.

5.The Tahsildar, Uthamapalayam, Theni District.

...Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondents herein from interfering with the petitioner's lawful avocation and quarry lease as per the proceedings of the 1st respondent herein in Rc.No.1308/MM6/2023 dated

22.02.2023 and supplementary lease deed executed by the 3rd respondent herein in favour of petitioner vide Doc.No. 2191/2023 in TP/147274535/2023 for the extended period from 31.03.2023 ending on 14.11.2024 in the leasehold patta lands in SF Nos.827/1, 827/2, 827/3 and 828/1 in an extent of 3.49.5 hectares of Seepalakottai Village, Uthamapalayam Taluk, Theni District and pass such other or further orders.

For Petitioner : Mr.K.Appadurai For Respondents : Mr.M.Senthil Ayyanar Government Advocate

ORDER

This writ petition has been filed for the issuance of writ of Mandamus, forbearing the respondents herein from interfering with the petitioner's lawful avocation and quarry lease as per the proceedings of the 1st respondent herein in Rc.No.1308/MM6/2023 dated 22.02.2023 and supplementary lease deed executed by the 3rd respondent herein in favour of petitioner vide Doc.No. 2191/2023 in TP/147274535/2023 for the extended period from 31.03.2023 ending on 14.11.2024 in the leasehold patta lands in SF Nos.827/1, 827/2, 827/3 and 828/1 in an extent of 3.49.5 hectares of Seepalakottai Village, Uthamapalayam Taluk, Theni District.

2.The prayer sought for in the writ petition for forbearing the respondent herein from interfering with the petitioner's lawful avocation and quarry lease as per the proceedings of the 1st respondent herein in Rc.No.1308/MM6/2023 dated 22.02.2023 and supplementary lease deed executed by the 3rd respondent herein in favour of petitioner vide Doc.No. 2191/2023 in TP/147274535/2023 for the extended period from 31.03.2023 ending on 14.11.2024 in the leasehold patta lands in SF Nos.827/1, 827/2, 827/3 and 828/1 in an extent of 3.49.5 hectares of Seepalakottai Village, Uthamapalayam Taluk, Theni District, till the extension of lease period namely, 14.11.2024, got now expired. Therefore, nothing survives in this writ petition.

3.Recording the same, this writ petition stands dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is also closed. However, if any application filed for extension of lease, the authority concerned is directed to consider the same and in accordance with law. 02.12.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR

To 1.The Commissioner of Geology & Mining, Guindy, Chennai - 600 032.

2.The District Collector, Theni District.

3.The Assistant Director, Geology & Mining, Theni District.

4.The Revenue Divisional Officer, Uthamapalayam, Theni District.

5.The Tahsildar, Uthamapalayam, Theni District.

G.K.ILANTHIRAIYAN. J, RJR 02.12.2024