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2020 DIGILAW 2062 (MAD)

R. Jayapandi v. District Collector, Theni

2020-11-03

ABDUL QUDDHOSE

body2020
JUDGMENT : ABDUL QUDDHOSE, J. Prayer: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Certiorari, calling for the entire records pertaining to the impugned order of the respondent in Na. Ka. No. 137/Mines/2019, dated 07.01.2020 and quash the same. 1. Heard Mr. R. Jayapandi, party in person and Mr. C. Ramesh, learned Special Government Pleader appearing for the respondent. 2. This writ petition has been filed challenging the order dated 07.01.2020 passed by the respondent under Section 6 of the Mines and Minerals Development and Regulation Act, 1957. Under the impugned order, the application for mining license was rejected by the respondent. Instead of filing the statutory appeal as prescribed under Rule 36-C(2) of the Tamil Nadu Minor Mineral concession Rules, 1959, the petitioner has directly approached this Court under Article 226 of the Constitution of India. 3. Rule 36-C(2) of the Tamil Nadu Minor Mineral Concession Rules, 1959, reads as follows: “36-C(1)... 36-C(2) Any person aggrieved by any order made by the District Collector in exercise of the powers conferred on him by these rules except on appeals under Sub-Rule (1) may, within 30 days from the date of communication of the order to him, appeal to the Director of Geology and Mining against such order. In case, the aggrieved person is not satisfied with the decision of the Director of Geology and Mining, he may prefer a second appeal to the State Government within 30 days from the date of receipt of the order of the Director of Geology and Mining.” 4. As seen from the grounds raised by the petitioner, it is not the case of the petitioner that the impugned order has been passed without jurisdiction or without authority under law. When there is an efficacious, alternative, statutory appellate remedy available to the petitioner, this Writ Petition is not maintainable. 5. Accordingly, this Writ Petition is dismissed. However, liberty is granted to the petitioner to prefer the statutory appeal under Rule 36-C(2) of the Tamil Nadu Minor Mineral Concession Rules, 1959, as against the impugned order of the respondent dated 07.10.2020. 6. 5. Accordingly, this Writ Petition is dismissed. However, liberty is granted to the petitioner to prefer the statutory appeal under Rule 36-C(2) of the Tamil Nadu Minor Mineral Concession Rules, 1959, as against the impugned order of the respondent dated 07.10.2020. 6. The petitioner is directed to approach the Statutory Appellate Authority as prescribed under Rule 36-C(2) of the Tamil Nadu Minor Mineral Concession Rules, 1959, within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the Statutory Appellate Authority shall dispose of the appeal filed by the petitioner on merits and in accordance with law, within a period of eight weeks thereafter. No costs.