M/S.Coramanded Agencies v. State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2019
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.[MD]No.7910 of 2013 and M.P.[MD]Nos.1 & 2 of 2013 M/s. Coramandel Agencies, Rep. by its Partner Mr.R.Veeramani, No.8, 2nd Street, Ganapathy Colony, Gopalapuram, Chennai - 600 086.
... Petitioner Vs.
1.State of Tamil Nadu, Rep. by Principal Secretary to Government, Industries (MMB.1) Department, Secretariat, Fort St. George, Chennai.
2.The District Collector, Madurai District, Madurai.
3.Assistant Director, (Geology and Mining), Tiruppur District.
4.Deputy Director, (Geology and Mining), O/o. Commissioner of G & M, Chennai - 32.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, to call for the records of second respondent in show cause Notice Roc.No.961/2012- Mines dated 13.02.2013 and quash the same. For Petitioner : Mr.K.K.Senthil For Respondents : Mr.A.Thiyagarajan Government Advocate
O R D E R
Heard Mr.K.K.Senthil, learned Counsel appearing on behalf of petitioner and Mr.A.Thiyagarajan, learned Government Advocate, appearing on behalf of respondents.
2.The petitioner prays for a Certiorari, to quash show cause notice dated 13.02.2013. I am of the view that the writ petition is liable to be rejected insofar as it is, clearly https://hcservices.ecourts.gov.in/hcservices/
premature. The impugned notice only calls for a response from the petitioner to show cause why the report of the Special Team not be accepted and acted upon in accordance with the provisions of Section 21(5) of the Mines and Minerals (Development and Regulation) Act, 1957. An opportunity of personal hearing has also been extended. The petitioner is thus prejudiced no way as of now as an opportunity of response has been afforded to it. Needless to say, the principles of natural justice will be adhered to scrupulously in finalising the proceedings in question. 3.In the light of the above discussion, this writ petition is dismissed, though granting liberty to the petitioner to file its objections to the show cause notice.
Such objections, if filed within a period of four [4] weeks from today, shall be taken on file by the concerned authority for further action. Notice for personal hearing shall be issued thereafter, calling upon the petitioner to appear in person or through authorised representative and put forth its objections along with supporting evidences. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(Records) // True Copy // Sub Assistant Registrar(CS) MR To 1.The Principal Secretary to Government, State of Tamil Nadu, Industries (MMB.1) Department, Secretariat, Fort St. George, Chennai.
2.The District Collector, Madurai District, Madurai.
3.Assistant Director, (Geology and Mining), Tiruppur District.
4.Deputy Director, (Geology and Mining), O/o. Commissioner of G & M, Chennai - 32.
+1CC TO MR.K.K.SENTHIL, Advocate Sr. No. 68610 W.P.[MD]No.7910 of 2013 13.06.2019 NRK(CO) TR (08.07.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/