A writ petition filed seeking a mandatory direction to extend an expired mining lease for quarrying due to COVID-19 lockdown. The court directed the respondents to consider the fresh application on merits within a month.
Petitioner permitted to make a fresh application for extension; directed to be considered on merits within three weeks.
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.
W.P.(MD)No.4459 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.4459 of 2021 and W.M.P.(MD)No.3589 of 2021
A.S.Sekar ... Petitioner
-Vs-
1.The District Collector, Madurai District.
2.The Assistant Director, Department of Geology and Mining, Madurai. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to extend the license to quarry rough stones in the land bearing S.No.1(B-II) of Rajakkalpatti Village, Vadipatti Taluk in an area of 2.00.0 hectares for a period of six months on such terms and conditions.
For Petitioner : Mr.G.Prabhu Rajadurai For Respondents : Mr.S.Angappan Government Advocate
ORDER
Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents. With the consent of learned counsel on either side, the writ petition is taken up for final disposal at the admission stage itself.
2.The petitioner was granted mining lease for quarrying rough stones. It was issued on 18.02.2016. It expired on 02.03.2021. The petitioner states that due to lock-down for about two months, he could not operate the quarry. He therefore seeks extension of the lease period. He would point out that the District Collector, Dindigul District in similar circumstances, had granted such extension. The petitioner has given a representation dated 23.02.2021 for extension of the lease period.
3.Though the postal receipt is not enclosed in the typed set https://hcservices.ecourts.gov.in/hcservices/ of papers, the petitioner's counsel produced soft copy of the same
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W.P.(MD)No.4459 of 2021
for my perusal. In any event, the petitioner is permitted to make a fresh application for extension of the lease period before the first respondent. The first respondent is directed to consider the same and pass orders on merits and in accordance with law, within a period of three weeks. I make it clear that I have not gone into the merits of the matter. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.
Assistant Registrar(P & A)
rmi
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The District Collector, Madurai District.
2.The Assistant Director, Department of Geology and Mining, Madurai.
+1 CC to M/s.G.PRABHU RAJADURAI, Advocate ( SR-9070[F] dated 05/03/2021 )
+1 CC to M/s.SPL GP ( SR-9213[F] dated 05/03/2021 )
ES(CO)
TR(05.03.2021) 2P 5C
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1 issue framed by the court
Whether the respondents should be directed to consider a fresh application from the petitioner for extension of his expired mining lease period.
1 provisions across 1 enactments
A.S.Sekar
The District Collector, Madurai District
The Assistant Director, Department of Geology and Mining, Madurai
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
