IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-02-2011 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.2191 of 2011 and M.P.No.1 of 2011 S.Sundararajan .. Petitioner. Versus 1.The District Collector, Salem District, Salem. 2.The State of Tamil Nadu, Rep. By the Commissioner and Secretary to Government, Department of Industries, Fort St.George, Chennai-600 009. 3.The Union of India, Rep. By Secretary, Department of Mines, Shastri Bhavan, New Delhi. .. Respondents. Prayer: This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus forbearing the respondents from interfering with the petitioners rights of mining operation in respect of lands situated in Survey No.178, Jagir Ammapalayam Village, Salem Taluk, Salem District, over an extent of 193.64 acres and transporting minerals till 1.9.2025. For Petitioner : Mr.A.L.Somayaji, Senior Advocate for Mr.A.Saravanan For Respondents : Mr.R.Thirugnanam (Spl.G.P) (R1 & R2) O R D E R
Heard the learned Senior Counsel appearing on behalf of the petitioner and the learned Special Government Pleader appearing on behalf of the respondents.
2. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the respondents 1 and 2 had placed before this Court an order of the Government, in G.O.(Ms) No.20, Industries (MMAI) Department, dated 25.1.2011, rejecting the application filed by the petitioner for the renewal of the licence, in respect of the Magnesite mine, in S.F.No.178, Jagir Ammapalayam Village, Salem Taluk, Salem District. A copy of the said government order had been handed over to the learned counsel appearing on behalf of the petitioner.
3. In such circumstances, this Court is not inclined to grant the relief, as prayed for by the petitioner, in the present writ petition. Hence, the writ petition stands dismissed. No costs. However, it is made clear that it would be open to the petitioner to challenge the government order, in G.O.(Ms) No.20, Industries (MMAI) Department, dated 25.1.2011, if so advised, in the manner known to law. Consequently, connected miscellaneous petition is closed.
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To
1.The District Collector,
Salem District, Salem.
2. The Commissioner and Secretary
State of Tamil Nadu,
Department of Industries,
Fort St.George, Chennai-600 009.
3. The Secretary,
Union of India,
Department of Mines, Shastri Bhavan,
New Delhi