B.Venkatesh Vs The State of Tamilnadu

The Director, Department of Geology and Mining, Guindy Industrial Estate, Guindy, Chennai – 600 032. 3. The District Collector, Salem District, Salem. 4. The Assistant Geologist/ Deputy Director (I/c) O/o. of the Deputy Director of Geology and Mining, Collectorate, Salem – 636 001. 5. The State Level Environment Impact Assessment, Authority – Tamil Nadu, 3^rd Floor, Panagal Maligai, No.1, Jeenis Road, Saidapet, Chennai – 600 015. … Respondents

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W.P. No.17350 of 2020

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorari, to call for the impugned Memorandum of the third respondent issued in Roc.No.45/2019/BG-28/Mines -A, dated 30.06.2020 relating to the petitioner granite quarry in SF.No.1/2B (P)&1/3B (Part) admeasuring 3.12.0 Hectares in Thangayur Village, Edapaddy Taluk, Salem District and quash the same as issued in contravention of the principles of natural justice.

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For Petitioner : Mr.V.Sanjeevi

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For Respondents : Mr.Stalin Abimanyu Additional Government Pleader for R1 to R4

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Mr.Venkataswamy Babu Senior Panel Counsel for R5

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ORDER

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This writ petition has been filed challenging the impugned memorandum fo the third respondent dated 30.06.2020.

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2. The case of the petitioner is that he was granted quarry lease for quarrying Multi Colour Granite in S.F No.1/2B (P) & 1/3B (Part) measuring an

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of 3.12.0 Hectares in Thangayur Village, Edapaddy Taluk, Salem District for a

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period commencing from 03.03.2016 to 02.03.2036. However, it is alleged that

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the petitioner had transported the quantity exceed the EC quantity and

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therefore, the 3 rd respondent imposed a 100% cost penalty to the tune of Rs.40,23,769/- as if the petitioner transported exceed EC quantity of 287.125 CBM. Challenging the same, the present writ petition has been filed.

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3. However, the learned counsel for the petitioner would submit that the present writ petition is filed solely on the ground that, without issuing any show-cause to the petitioner, the impugned order was passed. Hence, the impugned order is in clear violation of principles of natural justice.

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4. The learned Additional Government Pleader appearing for the respondents 1 to 4 fairly conceded that before passing the impugned order, no show-cause notice was issued and no enquiry was conducted. Hence, for the limited purpose, this Court may set aside the impugned order and remit the matter back to the 3 rd respondent for fresh consideration, by fixing a limit time within which an appropriate order shall be passed, after affording an opportunity of hearing to the petitioner.

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5. Heard the learned counsel on either side and perused the records.

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6. This Court has also perused the impugned order. On a perusal of the

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impugned order dated 30.06.2020, it is evident that no show-cause notice was

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W.P. No.17350 of 2020

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issued and no proof has been produced to establish that any enquiry was conducted before passing the impugned order.

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7. In view of the fair submission made by the Additional Government

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Pleader, and without expressing any opinion on the merits of the case, this Court is inclined to set aside the impugned order dated 30.06.2020 passed by the 3 rd respondent on the ground of violation of principles of natural justice. The matter is remanded back to the 3 rd respondent, and he is directed to furnish the necessary particulars to the petitioner and conclude the entire proceedings within a period of four (4) months from the date of receipt of a copy of this order.

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8. With the above directions, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

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04.11.2025

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Index:Yes/No (1/6) Speaking/Non-speaking order Neutral Citation : Yes/No uma

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W.P. No.17350 of 2020