Petitioner, representing released bonded labourers, sought extension of a quarry lease. Court held no necessity for extension as workers qualify for MGNREGA scheme and extension is not a matter of right.
Writ petition dismissed; no extension of quarry lease granted.
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W.P(MD)No.2210 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.2210 of 2022
K.Peter Chelladurai S/o.Kuzhanthaidoss, Secretary, Thennampatti Released Bonded Labour Welfare Society, Registration No.3/2001, Thennampatti, Vedasandur Taluk, Dindigul District.
... Petitioner
Vs
1.The Director, Department of Geology and Mining, Guindy, Chennai-600 032.
2.The District Collector, Dindigul District. ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the second respondent to extend the lease already granted for the welfare of the released bonded labourers of quarry vide registered lease Document No.
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W.P(MD)No.2210 of 2022
77 of 2017 and to direct the second respondent to pass an order to extend his previous order passed in ROC No.261/2015 (Mines) dated 10.01.2017 based on the petitioner's representation dated 15.11.2021.
For Petitioner :Mr.M.Chelladurai
For Respondents :Mr.M.Sarangan Additional Govt. Pleader
O R D E R
The petitioner claiming to be a bonded labourer representing a society. They have been granted with a quarry lease for a period of five years in their capacity as bonded labourer and the period of lease granted was over on 09.01.2021. The petitioner has now made a representation for extension of lease and filed this writ petition for a mandamus to consider their request for extension of lease of the quarry.
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W.P(MD)No.2210 of 2022
there is no necessity for any grant of quarry lease in the name of the bonded labourer. The petitioners have been provided with 5 years of quarry licence and therefore, there shall not be any extension as a matter of right. The Government shall consider them under the MGNREGA scheme.
NCC : Yes / No. Index : Yes / No. 15.09.2023 Internet:Yes am
To
1.The Director, Department of Geology and Mining, Guindy, Chennai-600 032.
2.The District Collector, Dindigul District.
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W.P(MD)No.2210 of 2022
B.PUGALENDHI, J.
am
Order made in W.P(MD)No.2210 of 2022
15.09.2023
2 issues framed by the court
Whether a releasee bonded labourer is entitled to a right to extend a quarry lease already granted for rehabilitation.
Whether the relief of extending the quarry lease is necessary given the availability of the MGNREGA scheme.
K.Peter Chelladurai S/o.Kuzhanthaidoss
The Director, Department of Geology and Mining, Guindy, Chennai
The District Collector, Dindigul District
B.Pu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
