R. SUDHAKAR v. Secretary to Government, State of Tamil Nadu, Industries Department
2012-02-08
R.SUDHAKAR
body2012
DigiLaw.ai
Judgment :- 1. This writ petition is filed to call for the records relating to G.O.(D)No.235, Industries (MMC.2) Department, dated 29.8.2002 passed by the first respondent and quash the same and direct the respondents to permit the petitioner from quarrying the sand in R.S.No.1 Pathirikuppam Village, Cuddalore Taluk & District for the remaining period of 2 years, 10 months and 16 days on payment of necessary charges. 2. The petitioner was granted a lease to quarry sand for a period of one year starting from 16.5.1997 and thereafter due to objections from the public and also due to initiation of civil suit by a third party, the petitioner could not quarry sand. In the mean time, three years term was over on 31.3.1999. Therefore, the petitioner approached this Court and as per the direction of this Court, he gave a representation to the District Collector for extension of lease period, which was rejected and the same was confirmed by the Director of Geology and Mining and further representation was also rejected by the Government, which is the impugned proceedings. Challenging the same, the present writ petition has been filed. 3. It is now brought to the attention of this Court that the grant of lease to quarry sand has been taken over by the Government and therefore, the relief sought for ( i.e.) extension of lease cannot be considered at this point of time. Learned counsel for the petitioner states that the petitioner has made a representation for refund of the lease amount in view of the inability to quarry sand due to objections raised by the public, the petitioner made a representation to the Government and the District Collector as well on 16.7.2004 and pleaded for giving a direction to dispose of the same on merits. 4. The learned Government Advocate has no serious objections and stated that the authority will deal with the matter on its own merits and in accordance with law. 5. Since the relief sought for in the writ petition has given up and considering the relief now sought for, this Court is inclined to give a direction to the Government or the Competent authority.
5. Since the relief sought for in the writ petition has given up and considering the relief now sought for, this Court is inclined to give a direction to the Government or the Competent authority. Accordingly, the competent authority is directed to consider and dispose of the petitioner's representation dated 16.7.2004 on its merits and in accordance with law, if not already disposed of, within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is entitled to resubmit a copy of the representation dated 16.7.2004 along with a copy of this order for consideration and early disposal. This writ petition is disposed of accordingly. No costs.