Petitioner sought writ to allow removal of remaining permitted quarry loads of savudu due to rains. Court declined to interpret the amended Minor Minerals Rules at that stage as the respondent had not yet decided.
Respondent directed to take a decision in the matter and communicate the order within three weeks.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.11.2016
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
W.P.No.11538 of 2016
R.Venkatsan ... Petitioner
vs. The District Collector, Office of the District Collector, Thiruvallur, Thiruvallur District. ... Respondent
Petition filed under Article 226 of The Constitution of India praying to issue a writ of Mandamus, directing the respondent to grant permission to the petitioner to remove the remaining/recommended 4467 loads of savudu from the PWD Tank comprised in Survey No.93 of Koovam Erulanchery Village, Thiruvallur Taluk and District.
For Petitioner : Mr.G.Ilangovan For Respondent : Mr.S.Diwakar Special Government Pleader ORDER
Heard Mr.G.Ilangovan, learned counsel appearing for the petitioner and Mr.S.Diwakar, learned Special Government Pleader appearing for the respondent.
2.The petitioner's case was that he was granted a permit to quarry 4725 lorry loads of savudu from the Public Works Department Tank comprised in Survey No.93 of Koovam Erulanchery Village, Thiruvallur Taluk and District for the period of 03.07.2015 to 21.08.2015. According to the petitioner, he was able to quarry only 258 lorry loads of savudu and because of heavy rain, the petitioner could not effect further quarrying and he surrendered the remaining 4462 lorry loads permit issued to him. With these facts, the petitioner now requires permission to remove the remaining 4467 lorry loads of Savudu from the said PWD Tank. Since the application given by the petitioner has not been considered, the petitioner is before this Court.
3.The learned Special Government Pleader appearing for the respondent submitted that the prayer sought for is not maintainable in the light of the fact that the Tamil Nadu Minor Minerals Concessional Rules, 1959 has been amended to ensure transparency and Sub-rule (g) of Rule 12 of the Amended Rules states that the said relief cannot be granted. The learned Special Government Pleader invited the attention of this Court to the order passed by this Court in W.P.No.16923 of 2016 dated 18.07.2016 (S.Philip vs. The District Collector, Tiruvallur District, Tiruvallur and another).
4.The submission of the learned counsel for the petitioner that Sub-rule (g) of Rule 12 of the Tamil Nadu Minor Minerals Concessional Rules, 1959 will not be applicable to the petitioner's case and would apply only to the leases or licenses which have been granted under those rules. However, at this stage of the matter, this Court is not inclined to consider the interpretation sought to be given by the petitioner since the respondent is yet to take any decision in the matter. Accordingly, the writ petition is disposed of by directing the respondent to take a decision in the matter and communicate the said order to the petitioner within a period of three weeks from the date of receipt of a copy of this order.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
To
The District Collector, Office of the District Collector, Thiruvallur, Thiruvallur District.
+1cc to Mr.G. Ilangovan, Advocate, S.R.No.65950 kgk(CO) md(14/12/2016) W.P.No.11538 of 2016
1 issue framed by the court
Whether the petitioner is entitled to permission to remove the remaining permitted loads of savudu despite the amendment to the Minor Minerals Concessional Rules.
Colour shows how this judgement treated each authority
S.Philip vs. The District CollectorReferred¶13
W.P.No.16923 of 2016 dated 18.07.2016 (S.Philip vs. The District Collector, Tiruvallur District, Tiruvallur and another)
R.Venkatsan
The District Collector, Office of the District Collector, Thiruvallur
T.S.Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
