High Court Madras High Court

Velusamy vs 2 The District Collector on 28 March, 2011

Madras High Court
Velusamy vs 2 The District Collector on 28 March, 2011
       

  

  

 
 
 IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:   28.3.2011

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN 

Writ Petition No.7822 of 2011

VELUSAMY                               [ PETITIONER  ]

    Vs

1    THE DIRECTOR OF GEOLOGY AND             
       MINING  KAMARAJAR SALAI  (BEACH ROAD)  
     CHENNAI-5.

2    THE DISTRICT COLLECTOR
     COIMBATORE DISTRICT  
	COIMBATORE.						[ RESPONDENTS ]

	Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to dispose off the statutory appeal under section 36-C of Tamilnadu Minor Mineral concession Rules  1949  dated 03.12.2010 against the order of the second respondent relating to the lease of the property at 10, Muthur Village in S.F.No.19/1A an extent of 0.38.5 Hect. Quarry license dated 09.02.2009.

                For petitioner  :  Mr.N.Sundaramurthy

                For respondents :  Mr.R.Thirugnanam
			    Special Government Pleader 
O R D E R

Mr.R.Thirugnanam, the learned Special Government Pleader, takes notice for the respondents.

2. The learned counsel appearing on behalf of the petitioner had submitted that it would suffice, if the first respondent is directed to dispose of the appeal filed by the petitioner, dated 3.12.2010, relating to the lease of property at 10, Muthur Village in S.F.No.19/1A, with regard to quarrying license, dated 9.2.2009, on merits and in accordance with law, within a specified period.

3. The learned Additional Government Pleader appearing on behalf of the respondents, has no objection for such an order being passed by this Court.

4. In view of the submissions made by the learned counsels appearing on either side, the first respondent is directed to dispose of the appeal, dated 3.12.2010, on merits and in accordance with law, if it is in order, within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner is directed to furnish a copy of the appeal, dated 3.12.2010, to the first respondent, along with a copy of this order. However, it is made clear that this Court, by this order, has not expressed any opinion on the merits of the matter.

5. Accordingly, the writ petition is disposed of, with the above directions. No costs.

lan

To:

1    THE DIRECTOR OF GEOLOGY AND             
     MININ  KAMARAJAR SALAI  (BEACH ROAD)  
     CHENNAI-5.

2    THE DISTRICT COLLECTOR
     COIMBATORE DISTRICT  
     COIMBATORE