The High Court allowed writ appeals filed by the State against an order quashing amendments to mining rules. The court set aside the low-order decision relying on a subsequent Division Bench judgment that had set aside the earlier quashing order.
The writ appeals were allowed and the impugned order dated 13.05.2003 was set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.08.2016
CORAM
THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE MR. JUSTICE R.MAHADEVAN
W.A.Nos.4179 to 4181 of 2004
The State of Tamil Nadu, rep. by its Secretary, Industries Department, Fort St. George, Chennai-9.
The Commissioner of Geology and Mining, Department of Geology & Mining, Guindy, Chennai-32. .. Appellant Nos.1 & 2 in all appeals The District Collector, Dharmapuri. .. 3rd Appellant in WA No.4179/2004 The District Collector, Madurai .. 3rd Appellant in WA No.4180/2004 The District Collector, Pudukottai. .. 3rd Appellant in WA No.4181/2004 Vs.
R.V. Granites, rep. by its Managing Partner V.Venkatshwaran, No.12, Rajaji Road, Salem-636 007. .. Respondent in W.A.4179/2004 R.V. Enterprises,
rep. by its Proprietor V.Venkateshwaran, No.33, 1st Pulikuthai street, Gugai, Salem-636 006. .. Respondent in W.A.4180 & 4181/2004
Appeals filed under Clause 15 of Letters Patent against the order dated 13.05.2003 in W.P.Nos.14907, 14908 & 14909 of 2003 on the file of this Court.
WP 14907 of 2003: Direct the Ist respondent to grant prospecting licence in respect of granite Lands measuring 7-67-
01 lectures Comprised in S.No.25 situates in Sudanoor Village, Palakode Tk, Dharmapuri District as per the petitioners prospecting Licence application of 09.07.1999.
WP 14908 of 2003: Direct the Ist respondent to grant prospecting licence in respect of granite Lands measuring 12.00.0 lectures comprised in S.No.220 situates in E.RICHIMALAMPATTI Village, Melur Tk, Madurai District as per the petitioner's prospecting Licence application dated 05.07.1999.
WP 14409 of 2003: Direct the Ist Respondent to grant prospecting Licence in respect of granite Lands measuring 5.37.0 lectures comprised Ms.No.51/2 & 51/3 situated in Panangudi Village, Illupuri Tk, Pudukottai Dt as epr the petitioner's prospecting licence application dated 30.06.1999.
The records have not been re-constructed. But the learned Special Government Pleader has brought before us the copy of the impugned order dated 13.05.2003, which reads as under:“In all these writ petitions, the amendments to Rule 8-A of the Tamil Nadu Minor Mineral Concession Rules, 1959 by G.O.Ms.No.86, Industries (MMC-2) Department, dated 22.02.2001 are challenged.
Sd/-
Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
bbr
To
1.The Secretary,
Industries Department,
Fort St. George, Chennai-9.
2.The Commissioner of Geology and Mining,
Department of Geology & Mining,
Guindy, Chennai-32.
3.The District Collector, Dharmapuri.
4.The District Collector, Madurai.
5.The District Collector, Pudukottai.
1 cc to Government Pleader, sr.44093
W.A.Nos.4179 to 4181 of 2004
ssk co
kra 17.08.2016
2 issues framed by the court
Whether the writ appeals filed under the Letters Patent should be allowed in light of the Division Bench judgment quashing the earlier single-judge order.
Whether the impugned order dated 13.05.2003 should be set aside based on the later Division Bench decision of 16.08.2010.
The State of Tamil Nadu
The Commissioner of Geology and Mining
The District Collector, Dharmapuri
The District Collector, Madurai
The District Collector, Pudukottai
R.V. Granites
Sanjay Kaul
RMahadevan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
