Allowed

The State of Tamilnadu, v. Sri S.Srinivasan

Madras HC9 Dec 2015WA/95/2004

Case brief

AI extract

What is this about?

A common judgment dismissing multiple writ appeals filed by the State against the High Court single judge order in connected writ petitions challenging amendments to mining rules. The court allowed the appeals by framing them with the previous judgment in Gem Granites and set aside the single judge order.

What did the court decide?

Appeals allowed; order of the learned single Judge set aside in terms of the connected judgment in Gem Granites; no costs awarded.

The State of Tamilnadu, Vs Sri S.Srinivasan — Land Acquisition | Madras HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.12.2015

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CORAM

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THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and

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THE HON'BLE MRS.JUSTICE PUSHPA SATHYANARAYANA

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W.A.Nos.95, 102, 105 to 107, 109 to 113, 115, 159 to 162, 2797, 2809, 2811, 2815, 2543, 2545, 2549, 2553, 2308, 2312, 2313, 2315, 2743, 2748 to 2753 of 2004

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1.The State of Tamil Nadu, rep. by its Secretary, Industries Department, Fort St. George, Chennai-9.

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2.The Commissioner of Geology and Mining, Department of Geology & Mining, Guindy, Chennai-32. ....appellants 1 and 2 in all WAs

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3.The District Collector, Pudukkottai. ..3rd Appellant in W.A.95,105,106,111, 113, 2549, 2809, 2553, 2315/2004

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The District Collector Dharmapuri District ...3rd Appellant in W.A.102,112, 159, 161,2811, 2815, 2543, 2545, 2308, 2312, 2313, 2748 to 2753 of 2004

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The District Collector Salem District ...3rd Appellant in W.A.107 of 2004

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The District Collector Villupuram District ...3rd Appellant in W.A.109/04, 110,115/14

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The District Collector Karur District ...3rd Appellant in W.A.160, 162 of 2004

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The District Collector Tiruvannamalai District ...3rd Appellant in W.A.2797 of 2004 The District Collector Vellore District ...3rd Appellant in W.A.2743 or 2004

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Vs.

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https://hcservices.ecourts.gov.in/hcservices/

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S.Srinivasan .. Respondent in W.A.95 of 2004 K. Karunakaran ...Respondent in W.A.No.102 of 2004 Janani Minerals Pvt Ltd., rep by its Managing Director K.N. Ramajayam ....Respondent in W.A.No.105 of 2004 D. Kirubakaran ...Respondent in W.A.No.106 of 2004 Gem Granites rep by its Partner S.R. Asaithambi ...Respondent in W.A.No.107,109,110/2004 Coramandal Agencies rep by is Partner R. Veeramani ...Respondent in W.A.No.111 of 2004 Pushpa Exports Pvt Ltd rep by its Director K. Badrinarayanan ...Respondent in W.A.No.112 of 2004 Janani Minerals Pvt Ltd rep by its Managing Director K.N. Ramajayam ...Respondent in W.A.No.113 of 2004 Pooshya Exporters rep by its Director K. Badrinarayanan ...Respondent in W.A.No.115 of 2004 PVR Granites Pvt Ltd rep by its Managing Director V. Venkateswaran ...Respondent in W.A.No.159, 160, 161, 162 of 2004 M/s. Magam Inc rep by its Partner K. Balaji ...Respondent in W.A.No.2797 of 2004 K. Rengaraj ...Respondent in W.A.No.2809 of 2004 K. Karunakaran ...Respondent in W.A.No.2811, 2815, 2543, 2545 of 2004 D. Kirubakaran ...Respondent in W.A.No.2549, 2553 of 2004

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Karunai Minerals Pvt Ltd., rep by its Managing Director K. Karunakaran ......Respondent in W.A.No.2308, 2312, 2313 of 2004 S. Srinivasan ...Respondent in W.A.No.2315 of 2004 Pooshya Exports rep by its Director K. Badrinarayanan ......Respondent in W.A.2743/04 K. Karunakaran ...Respondent in W.A.No.2748 to 2753/14

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Writ Appeals filed under Clause 15 of Letters Patent against the order dated 26.03.2003 in w.P.No.722 of 2002 24326,/2001, 14069, 14794, 11645, 11643, 11642, 13396, 4425, 14008, 4432 of 2002 and 13.5.2003 in W.P.Nos.14903, 14905, 14904, 14906 of 2003 and 26.3.2003 in W.P.Nos.4118, 14172 of 2002 , 24533, 24201, 24546, 24545 of 2001, 14795, 14791 of 2002, 24199, 24334, 24200 of 2001, 723, 4430 of 2002, 24323, 24325, 24332, 24333, 24335 and 24548 of 2001 respectively on the file of this Court.

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Writ Petitions presented under Article 226 of the Constitution of India to issue Writs of

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W.P.No.722 of 2002 Declaration Declaring that the amendments made to Rule 8A of the Tamil Nadu Minor Mineral Concession Rules by G.O.Ms.No.86, Industries (MMC2) Department dated 22.02.2001 so far it relates to the granting of quarry lease in respect of Government lands are null and void and consequently direct the first respondent to grant Prospecting licence in respect of granite quarry lands totally (1) Measuring 28-62-0 hectares comprised in S.Nos.86 & 94 situated in Narthamalai Village, Kulathur Taluk, Pudukottai District as per the petitioner's prospecting license application dated 29.7.99 (in W.P.722/2002 WA No.95/04)

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W.P.24326 of 2001 Declaration Declaring that the amendments made to Rule 8A of the Tamil Nadu Minor Mineral Concession Rules by G.O.Ms.No.86, Industries (MMC2) Department dated 22.02.2001 so far it relates to the granting of quarry lease in respect of Government lands are null and void and consequently direct the first respondent to grant prospecting license in respect of granite quarry lands Measuring 3-14-0 hectares comprised in S.No.198 situated in Chentharapalli Village, Krishnagiri Taluk, Dharmapuri District as per the petitioner's

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prospecting license application dated 26.7.99.

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W.A.105 of 2004:- W.P.14069 of 2002 Writ petition praying declaring that the amendments made to Rule 8A of the Tamil Nadu Minor Mineral concession Rules by G.O.Ms.No.86 Industries MMC 2 Department dated 22.2.2001 so far it relates to the granting f quarry leases inrespect of Government lands are null and void and consequently to issue a writ of mandamus directing the first respondent to grant prospecting lease in respect of granite quarry lands measuring 1-59-0 hectares comprised in S.No.95/1 situated in Sithaunavasal Village, Iluppur Taluk, Pudukottai District and grant prospecting license application dated 29.6.99.

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W.A.106 /04 in W.P.14794 of 2002:- Writ petition praying to declaring that the amendments made to Rule 8A of the Tamilnadu Minor Mineral concession Rules by G.O.Ms.No.86 Industries (MMC-2) Department dated 22.2.2001 so far it relates to the granting of quarry leases in respect of Government lands are null and void and consequently direct the I Respondent to grant prospecting license in respect of granite quarry lands measuring measuring 1-80-0 hectares comprised in S.No.271/2 situated in Perambur Village, Iluppur Taluk, Pudukottai District and grant prospecting licence application dated 26.6.1999.

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W.A.No.106 of 2004:- W.P.14794 of 2002: Writ Petition praying to directing the respondents to receive and reconsider the petitioners prospecting license application dated 26.6.99 which was returned by the 3rd respondents Memo bearing Dis No.671/99 (G) dated 29.2.2000 pertaining to quarry lands measuring 1-80-0 hectares comprised in S.No.271/2 situated in Perambur Village, Iluppur Taluk, Pudukottai District and grant prospecting licence.

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W.P.11645 of 2002 Declaration Declaring that the amendments made to Rule 8A of the Tamil Nadu Minor Mineral Concession Rules by G.O.Ms.No.86, Industries (MMC2) Department dated 22.02.2001 so far it relates to the granting of quarry lease in respect of Government lands are null and void and consequently direct the first respondent to grant Measuring 2-71-0 hectares comprised in S.No.101 situated in Devannagoundanur Village, Sankari Taluk, Salem District as per the petitioner's prospecting license application dated 25.6.99 (in W.P.No.11645/2002-WA No.107/2004)

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W.P. 11643 of 2002 Declaration Declaring that the amendments made to Rule 8A of the Tamil Nadu Minor Mineral Concession Rules by G.O.Ms.No.86, Industries (MMC2) Department dated 22.02.2001 so far it relates to the granting of quarry lease in respect of Government lands are null and void and consequently direct the first respondent to grant Measuring 2-24-0 hectares comprised in S.No.41 situated in Perumbur Village, Sankarapuram Taluk, Villupuram District as per the petitioner's prospecting license application dated 7.7.99 (in W.P.No.11643/2002-WA No.109/2004);

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Declaration Declaring that the amendments made to Rule 8A of the Tamil Nadu Minor Mineral Concession Rules by G.O.Ms.No.86, Industries (MMC2) Department dated 22.02.2001 so far it relates to the granting of quarry lease in respect of Government lands are null and void and consequently direct the first respondent to grant Measuring 2-52-5 hectares comprised in S.No.65 situated in Melpudupettu Village, Gingee Taluk, Villupuram District as per the petitioner's prospecting license application dated 2.7.99 (in W.P.No.11642/2002-WA No.110/2004).

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measuring 1.99.0 hectares comprised in S.No.271/1 & 2 situated in Perambur Village, Kulathur Taluk, Pudukkottai District, as per the petitioners prospecting license application dated 5.7.99. (in WP No.13396/02 - WA No.111/04)

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Declaration Declaring that the amendments made to Rule 8A of the Tamil Nadu Minor Mineral Concession Rules by G.O.Ms.No.86, Industries (MMC2) Department dated 22.02.2001 so far it relates to the granting of quarry lease in respect of Government lands are null and void and consequently direct the first respondent to grant measuring 2.25.5 hectares comprised in S.No.46/1 (Part) situated in Sudanur Village, Palacode Taluk, Dharmapuri District, as per the petitioners representation dated 10.1.2000 which was resubmitted on 9.11.2001 together with a fresh application. (in WP No.4425/02 - WA No.112/04)

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Declaration Declaring that the amendments made to Rule 8A of the Tamil Nadu Minor Mineral Concession Rules by G.O.Ms.No.86, Industries (MMC2) Department dated 22.02.2001 so far it relates to the granting of quarry lease in respect of Government lands are null and void and consequently direct the first respondent to grant measuring 4.00.0 hectares comprised in S.No.80/2, 80/3, 80/4 & 35/4 (Part) situated in Irumbali Village, Iluppur Taluk, Pudukkottai District, as per the petitioners prospecting license application dated 29.6.99. (in WP No.14008/02 - WA No.113/04)

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Declaration Declaring that the amendments made to Rule 8A of the Tamil Nadu Minor Mineral Concession Rules by G.O.Ms.No.86,

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Industries (MMC2) Department dated 22.02.2001 so far it relates to the granting of quarry lease in respect of Government lands are null and void and consequently direct the first respondent to grant measuring 2.23.0 hectares comprised in S.No.238/1 situated in Nallapalayam Village, Villupuram Taluk, Villupuram District, as per the petitioners prospecting license application dated 20.11.2001. (in WP No.4432/02 - WA No.115/04)

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Declaration Declaring that the amendments made to Rule 8A of the Tamil Nadu Minor Mineral Concession Rules by G.O.Ms.No.86, Industries (MMC2) Department dated 22.02.2001 so far it relates to the granting of quarry lease in respect of Government lands are null and void and consequently direct the first respondent to grant prospecting licence in respect of granite quarry lands measuring 6.88.0 hectares comprised in S.No.345 situated in Pulikunda Village, Krishnagiri Taluk, Dharmapuri District, as per the petitioners prospecting license application dated 30.6.99. (in WP No.14903/03 - WA No.159/04)

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Declaration Declaring that the amendments made to Rule 8A of the Tamil Nadu Minor Mineral Concession Rules by G.O.Ms.No.86, Industries (MMC2) Department dated 22.02.2001 so far it relates to the granting of quarry lease in respect of Government lands are null and void and consequently direct the first respondent to grant prospecting licence in respect of granite quarry lands measuring 20.22.5 hectares comprised in S.No.239 situated in Thogamalai Village, Kulithalai Taluk, Karur District, as per the petitioners prospecting license application dated 1.7.99. (in WP No.14905/03 - WA No.160/04)

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Declaration Declaring that the amendments made to Rule 8A of the Tamil Nadu Minor Mineral Concession Rules by G.O.Ms.No.86, Industries (MMC2) Department dated 22.02.2001 so far it relates to the granting of quarry lease in respect of Government lands are null and void and consequently direct the first respondent to grant prospecting licence in respect of granite quarry lands measuring 15.00.0 hectares comprised in S.No.629 situated in Nagamangalam Village, Denkanikottai Taluk, Dharmapuri District, as per the petitioners prospecting license application dated 3.7.99. (in WP No.14904/03 - WA No.161/04)

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Declaration Declaring that the amendments made to Rule 8A of the Tamil Nadu Minor Mineral Concession Rules by G.O.Ms.No.86, Industries (MMC2) Department dated 22.02.2001 so far it relates to the granting of quarry lease in respect of Government lands are null and void and consequently direct the first respondent to grant prospecting licence in respect of granite quarry lands measuring 8.36.0 hectares comprised in S.No.276/2 situated in Thogamalai Village, Kulithalai Taluk, Karur District, as per the petitioners prospecting license application dated 1.7.99. (in WP No.14906/03 - WA No.162/04)

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W.A.2797 of 2004 W.P.4118 of 2002 Writ petition praying to issue a writ of declaration declaring that the amendments made to Rule 8A of the Tamilnadu Minor Mineral concession Rules by G.O.Ms.No.86 Industries (MMC-2) Department dated 22.2.2001 so far it relates to the granting of quarry leases in respect of Government lands are null and void and consequently direct the I Respondent to grant prospecting license in respect of granite quarry lands measuring 2.76.0 hectares comprised in S.No.139/5 situated in Vettavalam Village, Thiruvannamalai Taluk & District (formerly Tiruvannamalai Sambuvarayar District ) as per the petitioner's renewal application dated 10.1.2000 which was resubmitted on 27.9.2001 together with fresh application.

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W.A.No.2809/04 in W.P.14172 of 2002:- Writ Petition praying to to directing the respondents to receive and reconsider the petitioners prospecting license application dated 29.6.99 which was returned by the 3rd respondents memo bearing Dis.No.676/99(c) dated 29.2.2000 pertaining to quarry lands measuring 10.00.0 hectares comprised in S.No.86/1, situated in Narthamalai Village, Kulathur Taluk, Pudukottai District, and grant prospecting license.

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W.A.2809 /04 in W.P.14172 of 2002:- Writ petition praying to writ of declaring that the amendments made to Rule 8A of the Tamilnadu Minor Mineral concession Rules by G.O.Ms.No.86 Industries (MMC-2) Department dated 22.2.2001 so far it relates to the granting of quarry leases in respect of Government lands are null and void and consequently direct the I Respondent to grant prospecting license in respect of granite quarry lands measuring 10.00.0 hectares comprised in S.No.86/1, situated in Narthamalai Village, Kulathur Taluk, Pudukottai District, and grant prospecting license application dated 29.6.1999.

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prospecting licence in respect of granite quarry lands Measuring 1.58.0 hectares comprised in S.No.366 situated in Jadevipalayam Village and 0.32.5 hectares in S.No.10 of Pasinayanapalli Village, Krishnagiri Taluk Dharmapuri District as per the petitioner's prospecting licence application dated 15.6.1999 (in WP.24533/01-WA.2811/04).

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are null and void and consequently direct the first respondent to grant prospecting licence in respect of granite quarry lands Measuring 1.32.5 hectares comprised in S.No.136/1, 136/4 situated in Sentharapalli Village, Krishnagiri Taluk, Dharmapuri District as per the petitioner's prospecting licence application dated 22.7.1999 (in WP.24201/01-WA.2815/04).

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W.A.No.2543 of 2004:- w.p.24546/01 Writ Petition praying to issue a writ of declaration declaring the amendments made to rule 8A of the Tamilnadu Minor Mineral concession Rules by G.O.Ms.No.86 Industries (MMC2) Department dated 22.2.2001 so far it relates to the granting of quarry leases in respect of Government lands are null and void and consequently direct the 1st respondent to grant prospecting licenses inrespect of granite quarry lands measuring 2.89.5 hectares comprised in S.No.341/5, 342/2, 343 situated in Sulamalai Village, Krishnagiri Taluk Dharmapuri District as per the petitioner's prospecting license application dated 24.6.99.

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W.A.2545/04 W.P.24545/01:- Writ petition praying to issue a writ of declaration declaring that the amendments made to Rule 8A of the Tamilnadu Minor Minor Minerals Concession Rules by G.O. Ms No.86 Industries (MMC -2 ) Department dated 22/02/2001 so far it relates to the granting of quarry leases inrespect of Government lands and null and void and consequently direct the first respondent to grant Prospective license in respect of granite quarry lands measuring 10.11.5 hectares comprised in S. No.86 in Kondappanayampalli village Krishnagiri Taluk and Dharmapuri District as per the petitioner's prospecting license application dated 24.6.99.

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W.A.14795 /01 in W.P.2549 of 2004:- Writ petition praying to writ of declaration declaration declaring that the amendments made to Rule 8A of the Tamilnadu Minor Mineral concession Rules by G.O.Ms.No.86 Industries (MMC-2) Department dated 22.2.2001 so far it relates to the granting of quarry leases in respect of Government lands are null and void and consequently direct the I Respondent to grant prospecting license in respect of granite quarry lands measuring 1.80.0 hectares comprised in S.No.271/2,situated in Perumbur Village, Iluppur Taluk, Pudukottai District and grant petitioner's prospecting license application dated 26.6.1999.

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W.P.No.14795/01 (W.A.2549 of 2004) Prayer Writ

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petition praying to directing the respondent to receive and reconsider the petitioners prospecting license application dated 26.6.99 which was returned by the 3rd respondent's Memo bearing Dis.No.671/99 C dated 29.2.2000 pertaining to quarry lands measuring 1.80.0 hectares comprised in S.No.271/2,situated in Perumbur Village, Iluppur Taluk, Pudukottai District and grant prospecting license.

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W.A.2553 of 2002 in W.P.14791 of 2002 Writ Petition praying to directing the respondent to receive and re consider the petitioner's mining lease application dated 29.6.1999 which was returned by the 3rd respondent's memo bearing Dis No.672/99 (G) dated 29.2.2000 pertaining to quarry lands measuring 1-80-0 hectares, comprised in S.No.271/2 situated in Perambur Village, Iluppur Taluk, Pudukottai district and grant mining lease .

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W.A.2553 /02 in W.P.14791 of 2002:- Writ petition praying to declaration declaring that the amendments made to Rule 8A of the Tamilnadu Minor Mineral concession Rules by G.O.Ms.No.86 Industries (MMC-2) Department dated 22.2.2001 so far it relates to the granting of quarry leases in respect of Government lands are null and void and consequently direct the I Respondent to grant mining lease in respect of granite quarry lands measuring 1-80-0 hectares, comprised in S.No.271/2 situated in Perambur Village, Iluppur Taluk, Pudukottai district as per the petitioner mining leave application dated 29.6.99.

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Declaration Declaring that the amendments made to Rule 8A of the Tamil Nadu Minor Mineral Concession Rules by G.O.Ms.No.86, Industries (MMC2) Department dated 22.02.2001 so far it relates to the granting of quarry lease in respect of Government lands are null and void and consequently direct the first respondent to grant prospecting licence in respect of granite quarry lands measuring 4.04.5 hectares comprised in S.No.379/1 situated in Sendarapalli Village, Krishnagiri Taluk, Dharmapuri District, as per the petitioners prospecting license application dated 24.6.99. (in WP No.24199/01 - WA No.2308/04)

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in Chandrapalli Village, Krishnagiri Taluk, Dharmapuri District, as per the petitioners prospecting license application dated 10.8.99. (in WP No.24334/01 - WA No.2312/04)

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Declaration Declaring that the amendments made to Rule 8A of the Tamil Nadu Minor Mineral Concession Rules by G.O.Ms.No.86, Industries (MMC2) Department dated 22.02.2001 so far it relates to the granting of quarry lease in respect of Government lands are null and void and consequently direct the first respondent to grant prospecting licence in respect of granite quarry lands measuring 4.61.5 hectares comprised in S.No.333 situated in Sulamalai Village, Krishnagiri Taluk, Dharmapuri District, as per the petitioners prospecting license application dated 21.6.99. (in WP No.24200/01 - WA No.2313/04)

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Declaration Declaring that the amendments made to Rule 8A of the Tamil Nadu Minor Mineral Concession Rules by G.O.Ms.No.86, Industries (MMC2) Department dated 22.02.2001 so far it relates to the granting of quarry lease in respect of Government lands are null and void and consequently direct the first respondent to grant prospecting licence in respect of granite quarry lands measuring 7.95.0 hectares comprised in S.No.935/1 situated in Paganathan Village, Vedachandur Taluk, Dindigul District, as per the petitioners prospecting license application dated 9.8.99. (in WP No.723/02 - WA No.2315/04)

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W.A.No.2743 of 2004 (W.P.No.4430 of 2002)

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Writ petition praying to issue a writ of declaration declaring that the amendments made to Rules 8A of the Tamilnadu Minor mineral Concession Rules by GO.Ms.No.86 Industries (MM2) Department 22.2.2001 so far it relates to the granting of quarry leased inrespect of Government lands are null and void and consequently direct the 1st Respondents to grant renewal of lease inrespect of granite quarry lands measuring 5.75.0 hectares comprised in S. No.1193/3 situated in Kodakkal Village Walajah Taluk Vellore Dist. (Formerly North Arcot Ambadkar District) as per the petitioner representation dated 10.1.2000 which was resubmitted on 27.9.2001 together with a fresh application.

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Declaration Declaring that the amendments made to Rule 8A of the Tamil Nadu Minor Mineral Concession Rules by G.O.Ms.No.86, Industries (MMC2) Department dated 22.02.2001 so far it relates to the granting of quarry lease in respect of Government lands are null and void and consequently direct the first respondent to grant prospecting licence in respect of granite quarry lands Measuring 10.11.5 hectares comprised in S.No.306, situated in Jegadevipalayam Village,Krishnagiri Taluk, Dharmapuri District as per the petitioner's prospecting licence

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application dated 15.6.99(in W.P.No.24323/01 -W.A.No.2748/04);

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Declaration Declaring that the amendments made to Rule 8A of the Tamil Nadu Minor Mineral Concession Rules by G.O.Ms.No.86, Industries (MMC2) Department dated 22.02.2001 so far it relates to the granting of quarry lease in respect of Government lands are null and void and consequently direct the first respondent to grant prospecting licence in respect of granite quarry lands Measuring 0.40.0 hectares comprised in S.No.371, Jagadevipalayam and 1.48.0 hectares in S.No.22/1 (part) situated in Pasinayanapalli Village, Krishnagiri Taluk, Dharmapuri District as per the petitioner's prospecting licence application dated 15.6.99(in W.P.No.24325/01 - W.A.No.2749/04);

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Declaration Declaring that the amendments made to Rule 8A of the Tamil Nadu Minor Mineral Concession Rules by G.O.Ms.No.86, Industries (MMC2) Department dated 22.02.2001 so far it relates to the granting of quarry lease in respect of Government lands are null and void and consequently direct the first respondent to grant prospecting licence in respect of granite quarry lands Measuring 4.04.05 hectares comprised in S.No.401(P) situated in Sendarapalli Village, Krishnagiri Taluk, Dharmapuri District as per the petitioner's prospecting licence application dated 21.6.99 (in W.P.No.24332/01 - W.A.No.2750/04);

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Declaration Declaring that the amendments made to Rule 8A of the Tamil Nadu Minor Mineral Concession Rules by G.O.Ms.No.86, Industries (MMC2) Department dated 22.02.2001 so far it relates to the granting of quarry lease in respect of Government lands are null and void and consequently direct the first respondent to grant prospecting licence in respect of granite quarry lands Measuring 3.17.0 hectares comprised in S.No.168/1 situated in Ikondamkothapalli Village, Krishnagiri Taluk, Dharmapuri District as per the petitioner's prospecting licence application dated 15.6.99 (in W.P.No.24333/01 - W.A.No.2751/04);

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Declaration Declaring that the amendments made to Rule 8A of the Tamil Nadu Minor Mineral Concession Rules by G.O.Ms.No.86, Industries (MMC2) Department dated 22.02.2001 so far it relates to the granting of quarry lease in respect of Government lands are null and void and consequently direct the first respondent to grant prospecting licence in respect of granite quarry lands Measuring 1.19.0 hectares comprised in S.No.299/1 situated in Jagadevipalayam Village, Krishnagiri Taluk, Dharmaprui District as per the petitioner's prospecting licence application dated 16.7.99(in W.P.No.24335/01 - W.A.No.2752/04);

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Declaration Declaring that the amendments made to Rule

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8A of the Tamil Nadu Minor Mineral Concession Rules by G.O.Ms.No.86, Industries (MMC2) Department dated 22.02.2001 so far it relates to the granting of quarry lease in respect of Government lands are null and void and consequently direct the first respondent to grant prospecting licence in respect of granite quarry lands Measuring 10.00.0 hectares comprised in S.No.84 situated in Chikkapoovathi Village, Krishnagiri Taluk, Dharmapuri District as per the petitioner's prospecting licence application dated 24.6.99(in W.P.No.24548/01 - W.A.No.2753/04);

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For Appellants .. Mr.STS.Moorthy Government Pleader & Mr.T.N.Rajagopal Spl. Government Pleader

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For Respondent .. Mr.K. Ramakrishna Reddy in W.P.Nos.102, 107, 109, to 113, 115, 159 to 162, 2797, 2809, 2743, 2811, 2815, 2543, 2545, 2308 2312, 2313 and 2748 to 2753 of 2004.

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For Respondent in other WAS: No appearance

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COMMON JUDGMENT

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(Judgment of the Court was made by The Hon'ble Chief Justice)

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It is agreed that these appeals are liable to be allowed in terms of the judgment in a number of connected matters reported in 2010 (5) CTC 882 (Gem Granites, Cathedral Road, Chennai-600 086 v. The State of Tamil Nadu, rep. by Secretary to Government, Industries Department, Fort St. George, Chennai600 009 and another)

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Accordingly, the appeals are allowed with the order of the learned single Judge being set aside in terms thereof. No costs.

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Sd/-

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Asst.Registrar (CS III )

/true copy/

Sub Asst. Registrar

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1.The Secretary, Industries Department, Fort St. George, Chennai-9.

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2.The Commissioner of Geology and Mining, Department of Geology & Mining, Guindy, Chennai-32.

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3.The District Collector, Pudukkottai. 4. The District Collector Dharmapuri District

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5.The District Collector Salem District 6.The District Collector Villupuram District 7.The District Collector Karur District 8.The District Collector Tiruvannamalai District 9.The District Collector Vellore District 1 cc to Mr.V.N. Mohan Raj, Advocate, Sr. 66208 1 cc to Government Pleader, Sr. 66012 W.A.Nos.95, 102, 105 to 107, 109 to 113, 115, 159 to 162, 2797, 2809, 2811, 2815, 2543, 2545, 2549, 2553, 2308, 2312, 2313, 2315, 2743, 2748 to 2753 of 2004

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MG (CO) kk 27/1

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The State of Tamilnadu, v. Sri S.Srinivasan

Case brief

What is this about?

What did the court decide?

The State of Tamilnadu, v. Sri S.Srinivasan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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