Research › Search › Judgment

Madras High Court · body

2007 DIGILAW 2911 (MAD)

Senthilkumar v. The District Collector, Perambalur District & Another

2007-09-07

M.JAICHANDREN

body2007
Judgment :- Mr.A.Arumugam, learned Additional Government Pleader takes notice for the respondents. 2. With the consent of the learned counsels appearing on either side, the writ petition is taken up for final disposal. 3. Heard the learned counsels appearing for the petitioner as well as for the respondents. 4. It is submitted by the petitioner that he had taken sand from the white river at Udayarpalayam Taluk in Perambalur District by bullock carts, for domestic purpose. The police authorities had seized the bullock carts and forwarded the same to the second respondent. The second respondent, without considering the documents produced by the petitioner and without conducting any enquiry, had passed the order levying a fine of Rs.25,158/-. Thereafter, the petitioner had approached the District Collector of Perambalur District, by filing a petition during the grievance day. The second respondent, by an order, dated 18. 2007, made in O.Mu.A.5/4735/07, had rejected the petition filed by the petitioner. 5. The only contention of the learned counsel appearing for the petitioner is that the petitioner may be given an opportunity to file an appeal under Rule 36-C of The Tamil Nadu Minor Mineral Concession Rules, 1959, and that the matter be heard on merits, after giving an opportunity to the petitioner. 6. The learned Additional Government Pleader appearing for the respondents has no objection for such an order being passed by this Court. 7. In such circumstances, the impugned order passed by the second respondent, dated 18. 2007, made in O.Mu.A.5/4735/07, is set aside and the petitioner is permitted to an file appeal before the first respondent, under Rule 36-C of The Tamil Nadu Minor Mineral Concession Rules, 1959, within a period of fifteen days from the date of receipt of a copy of this order. On the filing of the appeal, as stated above, the first respondent is directed to dispose of the same, within a period of four weeks thereafter. With the above directions, the writ petition is disposed of. No costs. Consequently, connected M.P.No.1 of 2007 is closed.