The Madurai Bench held that the District Collector, to whom the matter was remitted by the Commissioner of Geology and Mining, was directed to decide it on merits within eight weeks. The writ petition was disposed of on admission by consent.
Directive to the second respondent to pass orders on the remitted matter within eight weeks.
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1
J.Samuvel
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2015
CORAM :
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU
Writ Petition (MD) No.2477 of 2015
... Petitioner
Vs.
1.The Commissioner of Geology and Mining, Guindy 600 032.
2.The District Collector, Tirunelveli District, Tirunelveli. ... Respondents
Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 2nd respondent to pass orders as directed by the Commissioner of Geology and Mining Guindy in his order dated 03.01.2014 passed in proceedings in R.C No. 1337/MM9/2013 within reasonable time period to be fixed by this Honourable Court strictly by confining his enquiry to the parameters circumscribed in the said order of the 1st respondent.
For Petitioner : Mr.N.Dilipkumar For Respondents : Mr.V.Muruganandam, Additional Government Pleader takes notice.
ORDER
Heard the learned counsel appearing for the petitioner and Mr.V.Muruganandam, learned Additional Government Pleader takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal at the admission stage.
2.The petitioner seeks for a Mandamus directing the second respondent to pass orders as directed by the Commissioner of Geology and Mining, Guindy in his order dated 03.01.2014.
3.The petitioner was granted with stone quarry lease and such lease was subsequently cancelled by the proceedings of the District Collector dated 30.01.2013. Challenging the said proceedings, the petitioner preferred an appeal before the first respondent who in turn through order dated 03.01.2014 set aside the order of the District Collector and remitted the matter back to him to reexamine the case on the points pointed out by the first respondent in the order dated 03.01.2014.
4.The grievance of the petitioner is that even though such an order was passed by the first respondent as early as on 03.01.2014 and the matter was remitted back to the second respondent, till this date, https://hcservices.ecourts.gov.in/hcservices/ the second respondent has not passed any order.
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5.Considering the above stated facts and circumstances, the second respondent is directed to pass orders on the matter remitted by the first respondent through proceedings dated 03.01.2014 on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
6.With the above direction, the writ petition is disposed of. No costs.
Sd/Assistant Registrar(AE) \True copy\
Sub Assistant Registrar
To
1.The Commissioner of Geology and Mining,
Guindy 600 032.
Writ Petition (MD) No.2477 of 2015 25.02.2015
SMS
NA/26/02/2015/P2/4C(IT)
2 issues framed by the court
Whether to direct the District Collector to decide the remitted matter within a time limit.
Whether the writ petition should be disposed of on the admission stage by consent.
1 provisions across 1 enactments
J. Samuvel
The Commissioner of Geology and Mining, Guindy
The District Collector, Tirunelveli District
K. Ravichandrababu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court