Dismissed

J. Samuvel, v. the District Collector

Madras HC23 Feb 2017WP(MD)/1323/2013

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought a mandamus directing the Assistant Director of Geology and Mining to issue a transport permit for minor minerals. The court observed that the petitioner's underlying quarrying license had been cancelled while an appeal was pending, rendering the request inadmissible at that time. Consequently, the writ petition was dismissed.

What did the court decide?

The present request to issue a transport permit was not considered, and the writ petition stands dismissed pending the outcome of the appeal against license cancellation.

J. Samuvel, Vs the District Collector — Pension and Retirement Benefits | Madras HC (2017)

¶1

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 23.02.2017

¶4

CORAM :

¶5

THE HONOURABLE MR.JUSTICE M.S.RAMESH

¶6

W.P.(MD)No. 1323 of 2013 and M.P(MD)No.1 of 2013

J.Samuvel

... Petitioner

vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

¶11

2.The Assistant Director of Geology and Mining, Tirunelveli District,

¶12

Tirunelvel;i.

¶13

3.Selvasekaran,

¶14

Assistant Director of Geology and Mining, Tirunelveli District, Tirunelveli.

¶15

... Respondent

¶16

PRAYER : Writ Petition filed under Article 226 of the Constitution of India Praying this Court for issuance of a Writ of Mandamus directing the second respondent to issue transport permit to the Petitioner for transportation of minor minerals including rough stones and gravel, quarried from the Petitioner's private lands situated in S.Nos.52/1 and 53/1B, Pirancharry Village, Ambasamuthiram Taluk, Tirunelveli District in accordance with the license issued by the District Collector in favour of the Petitioner vide proceedings dated 20.1.2012 in M1/34201/2011.

¶17

For Petitioner : M/s.N.Dilip Kumar For Respondents : Mr.T.R.Janarthanan 1 and 2 Addl.Govt.Pleader

¶18

For Respondent-3 : No appearance.

¶19

ORDER

¶20

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus directing the second respondent to issue transport permit to the Petitioner for transportation of minor minerals https://hcservices.ecourts.gov.in/hcservices/ including rough stones and gravel, quarried from the Petitioner's private lands situated in S.Nos.52/1 and 53/1B, Pirancharry Village,

¶21

¶22

Ambasamuthiram Taluk, Tirunelveli District in accordance with the license issued by the District Collector in favour of the Petitioner vide proceedings dated 20.1.2012 in M1/34201/2011.

¶23

2.Heard the submissions made on either side and perused the materials placed before this Court.

¶24

3.The Petitioner, who was granted license to quarry rough stones and gravel from his patta land, has filed the present Writ Petition seeking for a direction to the second respondent to issue transport permit. It is now submitted that pending the Writ Petition, the said license was cancelled, against which the Petitioner has filed an appeal before the first respondent.

¶25

4.In view of the same, the Petitioner's request cannot be considered at this point of time. Hence the Writ Petition stands dismissed. However, in case, if the Petitioner succeeds in the appeal and is permitted to quarry, it is open to him to seek for similar directions before the authorities concerned.

¶26

5.With the above direction, this Writ Petition stands disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.

¶27

Sd/-

¶28

Assistant Registrar(C)

¶29

/True Copy/

¶30

Sub Assistant Registrar

¶31

¶32

1.The District Collector, Tirunelveli District, Tirunelveli.

¶33

2.The Assistant Director of Geology and Mining, Tirunelveli District, Tirunelvel;i.

¶34

+1cc to M/S THE SPECIAL GOVERNMENT PLEADER, SR.NO. 10518

¶35

vsn

¶36

AE/RR/BS/SAR1/06.03.2017/2P/4C

¶37

W.P.(MD)No. 1323 of 2013 and M.P(MD)No.1 of 2013 23.02.2017

¶38

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

J. Samuvel, v. the District Collector

Case brief

What is this about?

What did the court decide?

J. Samuvel, v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

P.Muniyandi Vs the Thasildar

Nesamany, Vs the Commissioner of Police

G.Rengasamy Naidu, Vs State Rep by

S.Murugan, Vs the Supdt. of Police

A.S. Ganesan, Vs the Superintendent of Police

T. Sivasakthi Vs the Director