John Peter .P v. The Commissioner Geology And Mining

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.26372, 26374 of 2023 P.John Peter ... Petitioner Vs.

1.The Commissioner Geology and Mining, Directorate of Geology and Mining Industrial Estate, Guindy, Chennai.

2.The District Collector Kanyakumari District, 1/6

3.The Assistant Director Department of Geology and Mining, Collectorate, 4.The President Kappiyarai Village, Kalkulam Taluk, Kanniyakumari District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings bearing RC.No.43/G&M/2010 dated 24.05.2023 issued by the second Respondent and quash the same and consequently direct the second Respondent to issue transport permit to the petitioner. For Petitioner : Mr.Vallinayagam Senior Counsel for Mr.A.Nallathambi Raj 2/6

For Respondents: Mr.Veerakathiravan, ` Additional Advocate General assisted by Mr.K.Balasubramani Special Government Pleader

ORDER

Heard the learned Senior Counsel appearing for the petitioner and the learned Additional Advocate General appearing for the respondents.

2. The petitioner's quarrying activities have been suspended vide proceedings, dated 24.05.2023. The petitioner was issued with notice and the petitioner offered his explanation as early as on 18.08.2023. Personal hearing was granted to the petitioner and the enquiry appears to have been concluded. Now the second respondent has to pass final order.

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3. The second respondent is directed to pass final order on the show cause notice, dated 10.08.2023 in RC.No.43/G&M/2010 on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. The consequence of impugned order will abide by the final order to be passed by the second respondent.

4. The Writ Petition is disposed of, accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 21.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No RM Note : Issue Order copy on 22.12.2023 4/6

To:

1.The Commissioner Geology and Mining, Directorate of Geology and Mining Industrial Estate, Guindy, Chennai.

2.The District Collector Kanyakumari District, 3.The Assistant Director Department of Geology and Mining, Collectorate, 4.The President Kappiyarai Village, Kalkulam Taluk, Kanniyakumari District.

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G.R.SWAMINATHAN, J.

RM 21.12.2023 6/6