Allowed

Galaxy Enterprises v. The Government of Tamil Nadu

Madras HC8 Feb 2021WP/2563/2021

Case brief

AI extract

What is this about?

The High Court of Madras, via a certified writ petition, directed the first respondent, the Government of Tamil Nadu, to consider and pass orders on the petitioner's application for renewal of a mining lease within eight weeks after hearing all necessary parties.

What did the court decide?

Directed the first respondent to consider the petitioner's renewal application and pass final orders within eight weeks after hearing all necessary parties.

Galaxy Enterprises Vs The Government of Tamil Nadu — Company and Corporate | Madras HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED: 08.02.2021

¶3

CORAM:

¶4

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

¶5

Writ Petition No.2563 of 2021

¶6

Galaxy Enterprises,

¶7

Rep. by its Proprietor S.R.Kumar ... Petitioner

¶8

The Government of Tamil Nadu, Rep. by Secretary to Government, Industries Department, Fort St.George, Chennai – 600 009.

¶9

The Director of Geology and Mining, Department of Geology and Mining, Guindy, Chennai – 600 032.

¶10

The District Collector, Vellore District, Vellore. ... Respondents

¶11

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus, to direct the 1^st respondent to consider and dispose of the Renewal Application of the petitioner dated 3.12.2001 in respect of the granite quarry in S.F. No.381/3 admeasuring 2.73.50 Hectares in Ayyappedu Village, Arakonam Taluk, Vellore District, formerly North Arcot Ambedkar District on merits and in accordance with law within the time frame fixed by this Hon'ble Court.

¶12

This writ petition has been filed for a Mandamus seeking for a direction to the first respondent to consider and dispose the renewal application of the petitioner dated 03.12.2001 in respect of granite quarry in SF.No.381/3 admeasuring 2.73.50 Hectares in Ayyappedu Village, Arakonam Taluk, Vellore District, formerly North Arcot Ambedkar District, within a time frame to be fixed by this Court.

¶13

Heard Mr.V.Sanjeevi, learned counsel for the petitioner and Mr.Akhil Akbar Ali, learned Government Advocate accepts https://hcservices.ecourts.gov.in/hcservices/

¶14

notice on behalf of the respondents.

¶15

By consent of both parties, this writ petition is taken up for final disposal at the time of admission itself.

¶16

It is the case of the petitioner that he was granted mining lease by the respondents which expired on 21.09.2000. According to the petitioner, even before the expiry of the mining lease, they had sought for renewal of mining lease. However, the same was not considered till date. The petitioner has also filed a renewal application on 03.12.2001 seeking for renewal which was not considered by the respondents. In such circumstances, the petitioner has filed this writ petition.

¶17

The relief sought for in this writ petition is an innocuous one. The petitioner is having a mining lease which expired on 21.09.2000. According to the petitioner, even before the expiry of the mining lease, he had sought for renewal. It is the case of the petitioner that till date, the said renewal application has not been considered. According to the petitioner, he also submitted a renewal application on 03.12.2001 seeking for renewal of the mining lease. Admittedly, the said renewal application has not been considered by the respondents till date.

¶18

No prejudice will be caused to the respondents, if the renewal application of the petitioner is considered on merits and in accordance with law after hearing all the necessary parties including the petitioner.

¶19

For the foregoing reasons, this Court directs the first respondent to consider the petitioner's application dated 03.12.2001 seeking for renewal of mining lease in respect of granite quarry in SF.No.381/3 admeasuring 2.73.50 Hectares in Ayyappedu Village, Arakonam Taluk, Vellore District, and pass final orders on merits and in accordance with law after hearing all the necessary parties including the petitioner within a period of eight weeks from the date of receipt of a copy of this order.

¶20

With the aforesaid direction, this writ petition is disposed of. No costs.

Sd/-

Assistant Registrar

//True Copy//

Sub Assistant Registrar

¶25

vsi2

¶26

To:

¶27

The Secretary to Government, Government of Tamil Nadu,

¶28

Industries Department,

¶29

Fort St.George, Chennai – 600 009.

¶30

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

¶31

The Director of Geology and Mining, Department of Geology and Mining,

¶32

Guindy, Chennai – 600 032.

¶33

The District Collector, Vellore District, Vellore.

¶34

+1cc to Mr.V.Sanjeevi, Advocate, S.R.No. 6587

¶35

W.P.No.2563 of 2021

¶36

LN(CO)
GN(12/02/2021)

¶37

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

Galaxy Enterprises v. The Government of Tamil Nadu

Case brief

What is this about?

What did the court decide?

Galaxy Enterprises v. The Government of Tamil Nadu

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

Kartic Raman Vs The District Collector

R Rajagopal Vs Umanath IAS

M/s.Aka Aqua Farms Vs The Commissioner of Food safety

Ramaswamy Masilamani Vs Union of India

S.Hemasneha, Vs The Divisional Manager

A.Michael Raj Vs The Chairman & Managing