Petitioner, a quarry licensee, challenged the District Collector's rejection of a lease extension due to alleged illegal quarrying. The court found the rejection justified as an enquiry is mandatory and dismissed the writ petition connected W.M.Ps closed.`, `4/5`, `5/5
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W.P(MD)No.12409 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.12409 of 2022 and W.M.P(MD)Nos.8809 & 8810 of 2022
M.Thangamani
... Petitioner
Vs
Chennai-600 032.
...Respondents
1/5
PRAYER:
W.P(MD)No.12409 of 2022
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus, to call for the records relating to the order passed by the second respondent rejecting the petitioner's claim in his proceedings in Na.Ka.No. 1976/Kanimam/2021 dated 17.05.2022 and quash the same and directing the respondents to extend the lease of the petitioner for the period of two years.
For Petitioner :Mr.T.Selvan
For Respondents :Mrs.D.Farjana Ghowshia Special Government Pleader
O R D E R
The petitioner is a licensee for conducting a rough stone quarry
has filed this writ petition as against the order passed by the District Collector in Na.Ka.No.1976/Kanimam/2021 dated 17.05.2022.
for extension of lease on the ground that the petitioner during earlier lease period has conducted a quarry illegally than the permitted area. The District Collector has also ordered for an enquiry under Rule 36A(3) of the Tamil Nadu Minor Mineral Concession Rules, 1959. Since
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W.P(MD)No.12409 of 2022
the authorities have found that there are illegal quarrying and it is an offence under Section 4 and 4-1-A of Mines and Minerals Development and Regulation Act, which requires an enquiry under Section 36-A(3) of Minor Mineral Concessions Rules. The District Collector has also passed an order for enquiry under Section 36-A-3 of Mines and Mineral Consession Rules, therefore, the order of the District Collector rejecting the request of the petitioner for extension of lease is justified and since it has been found that some illegal quarrying has been conducted necessarily it has to be enquired. Therefore, this Court is not inclined to interfere with the order of the District Collector. Hence, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are also closed.
NCC : Yes / No. Index : Yes / No. 15.09.2023 Internet:Yes am
W.P(MD)No.12409 of 2022
To
Chennai-600 032.
W.P(MD)No.12409 of 2022
B.PUGALENDHI, J.
am
Order made in W.P(MD)No.12409 of 2022
15.09.2023
M. Thangamani
The Director, The Department of Geology and Mining
The District Collector, Madurai District
The Assistant Director, The Department of Geology and Mining
The Revenue Divisional Officer, Usilampatti
B. PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
