Writ petition challenging refusal to permit stone quarrying operations during a non-operative lease period. Court held that suspension was due to no petitioner fault and ordered permission granted along with transport permit.
Direct 1st respondent to permit quarrying for non-operative period and direct 2nd respondent to issue transport permit.
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.8878 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2021 CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
W.P.(MD)No.8878 of 2021
A.Anikumar
... Petitioner
Vs.
1.The District Collector, Kanyakumari District, Kanyakumari.
2.The Assistant Director, Department of Geology and Mining, Collectorate, Kanyakumari District. ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the first respondent to permit the petitioner to conduct stone quarrying operation in Petitioner's patta land in 722/1B & 722/2 over an extent of (0.86.0) Hectares in Mecode Village at Kalkulam Taluk, in Kanyakumari District for a period of 38 months 4 days (nonoperative period) for which the petitioner was not permitted to quarry during the lease period accorded vide the proceedings of the respondent in R.C.No.55/G & M/2009 dated 10.11.2015 and consequently direct the second respondent to issue transport permit to the petitioner for the said period.
For Petitioner : Mr.K.Samidurai For Respondents : Mrs.J.Padmavathi Devi Special Government Pleader
O R D E R
This Writ Petition has been filed by the petitioner praying to direct the 1st respondent to permit the petitioner to conduct stone quarrying operation in his respective Patta land, for non-operative period, for which, the petitioner was not permitted to quarry during the lease period, as per the permission granted and consequently, direct the 2nd respondent to issue transport permit to the petitioner for the said period.
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W.P.(MD)No.8878 of 2021
to conduct stone quarrying operation, by the 1st respondent, for his patta land in 722/1B & 722/2, over an extent of (0.86.0) Hectares in Mecode Village at Kalkulam Taluk, in Kanyakumari District, for a period of 38 months 4 days (non-operative period), for which, the petitioner was not permitted to quarry during the lease period, as against the permission granted by the 1st respondent in R.C.No.55/G & M/2009, dated 10.11.2015 and consequently, direct the 2nd respondent to issue transport permit to the petitioner for the said period.
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W.P.(MD)No.8878 of 2021
Thereafter, the petitioner was permitted to continue the quarry operation. It is her specific contention that though the 2nd respondent stopped the quarrying operation for sometime, the learned Special Government Pleader wants to verify whether in the interregnum period, the petitioner was permitted to carry-out stone quarrying operation in his respective patta land by the State Government.
Sd/Assistant Registrar
/TRUE COPY/
/ /2021 Sub Assistant Registrar
To
1.The District Collector, Kanyakumari District, Kanyakumari.
2.The Assistant Director, Department of Geology and Mining, Collectorate, Kanyakumari District.
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W.P.(MD)No.8878 of 2021
W.P.(MD)No.8878 of 2021 30.04.2021
AKV
JM/04.06.2021/4P/4C
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1 issue framed by the court
Whether the State is justified in refusing to permit the petitioner to conduct stone quarrying operations during a non-operative period of a mining lease suspended due to no fault on his part.
1 provisions across 1 enactments
A. Anikumar
The District Collector, Kanyakumari District
The Assistant Director, Department of Geology and Mining
J. Nisha Banu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
