Petitioner sought writ mandamus for extension of mining lease expiring in 2011, filed in 2019. Court dismissed petition due to delay of eight years, lack of evidence for the cited accident, failure to approach authority first, and statutory bar against extension.
Writ of Mandamus seeking extension to quarry savudu/earth was dismissed with no costs.
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: 18.11.2020
CORAM
THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA
W.P.No.6247 of 2019
(Heard through VC)
B.Karthik ..Petitioner
Vs.
1. The District Collector
Thiruvallur District
Thiruvallur
2. The Assistant Director
Geology and Mining
Thiruvallur District
Thiruvallur ..Respondents
***
PRAYER: Writ Petition filed Under Article 226 of the
Constitution of India praying to issue a Writ of Mandamus
directing the first respondent to forthwith grant extension to
the petitioner to quarry savudu/earth in S. No.173/1,
Periyapuliur Village, Thiruvallur District for 4725 loads
pursuant to petitioner's application dated 14.7.2011.
*** For Petitioner : Mrs.C.Sangamithirai for Mr.C.Vidhusan
For Respondents-1 & 2 : Mr.E.Manoharan, Spl. GP
The prayer in the writ petition is to direct the first respondent to forthwith grant extension to the petitioner to quarry savudu/earth in Survey No.173/1, Periyapuliur Village, Thiruvallur District for 4725 loads pursuant to petitioner's application dated 14.7.2011.
decision, the tank will be desilted and deepened so as to improve its storage capacity. It is his further contention that the Government is not going to be prejudiced, since the work involves desilting and deepening of tank without any cost, but the Government will also be benefited by way of seigniorage fee for quarrying savudu earth from P.W.D. Tank.
published in Tamil Nadu Government Gazette No.201 on 23.09.2015, wherein a specific direction was issued, as follows:
"(g) Permission granted under this sub-rule shall not be renewed or extended for any reason including that the person permitted could not mine or remove the mineral for whatever reason. He will not be entitled for refund of any cost or money incurred in the process. If the permitted quantity is not removed within the stipulated period, the applicant will not be entitled for removal of unutilised quantity of mineral."
Assistant Registrar //True Copy//
Sub Assistant Registrar
To
W.P.No.6247 of 2019
RR(CO)
RV(14/12/2020)
2 issues framed by the court
Whether a writ of mandamus can be issued to grant extension for mining after laches of eight years without proof of impediment.
Whether a petitioner can approach the High Court without first seeking extension from the authority.
2 provisions across 2 enactments
B. Karthik
The District Collector, Thiruvallur District
The Assistant Director, Geology and Mining, Thiruvallur District
Pushpa Sathyanarayana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
