1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.10.2011 C O R A M THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.12310 of 2011 K.Krishnamoorthy ... Petitioner Vs. 1.The State of Tamil Nadu, Rep.by its Secretary to Government, Industries Department, Fort St.George, Chennai-600 009. 2.The Commissioner of Geology and Mining, Department of Geology and Mining, Guindy, Chennai-600 032. 3.The District Collector, Virudhunagar District, Virudhunagar. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the second respondent relating to the order passed in proceedings Rc.No.8588/MM4/2009 dated 09.08.2011 quash the same and direct the second respondent to grant mining lease to the petitioner for mining lime stone from the patta land bearing S.F.Nos.1844/1 admeasuring 0.86.50 Hectare, 1844/2A1 admeasuring 0.37.00 Hectare and 1845 admeasuring 1.32.50 Hectares (Total 2.56.00 Hectares) in Duraisamypuram Village, Sivakasi Taluk, Virudhunagar District for a period of 30 years with reference to the mining lease application dated 28.01.2009 which is acknowledged on 29.01.2009, within the time limit fixed. For Petitioner : Mr.V.Sanjeevi For Respondents : Mr.M.Alagudevan Spl. Government Pleader O R D E R The petitioner has come to this Court seeking a Writ of Certiorarified Mandamus to call for the records of the second respondent relating to the order passed in proceedings Rc.No.8588/MM4/2009 dated 09.08.2011 quash the same and direct the second respondent to grant mining lease to the petitioner for mining lime stone from the patta land bearing S.F.Nos.1844/1 ad-measuring 0.86.50 Hectare, 1844/2A1 ad- measuring 0.37.00 Hectare and 1845 ad-measuring 1.32.50 Hectares (Total 2.56.00 Hectares) in Duraisamypuram Village, Sivakasi Taluk, Virudhunagar District for a period of 30 years with reference to the mining lease application dated 28.01.2009 which is acknowledged on 29.01.2009. https://hcservices.ecourts.gov.in/hcservices/ 2 2.The place for which the petitioner sought for mining lease is fallen within a radius of 20 kilometers of the existing cement plant of Tamil Nadu Cements Corporation Ltd. Further, in a similar circumstances this Court in W.P(MD)No.2668 of 2003 dated 29.02.2010 dismissed the similar prayer as against which an appeal has been preferred in W.A.No.2556 of 2010. By order dated 21.12.2010, our Division Bench also upheld the earlier order and in view of that the instructions contained in Government letter No.121/Industries Department dated 05.02.1998 is upheld by the Division Bench making it clear that mining lease cannot be granted if the area falls within the radius of 20 kilometers on existing Cement plant. Therefore the issue raised in this writ petition is no longer res integra. 3.In view of the above, following the order passed by the Division Bench of this Court in W.A.No.2556 of 2010, this Writ Petition is dismissed. No costs. Sd/- Assistant Registrar (Crl. Side) /True Copy/ Sub Assistant Registrar (C.S) To 1.The Secretary to Government, Industries Department, Fort St.George,Chennai-600 009. 2.The Commissioner of Geology and Mining, Department of Geology and Mining, Guindy, Chennai-600 032. 3.The District Collector, Virudhunagar District, Virudhunagar. + 1 cc to Mr.V.Sanjeevi, Advocate, SR No.37135 W.P.(MD)No. 12310 of 2011 31.10.2011 gsr RJ/18.11.11 2p/5c https://hcservices.ecourts.gov.in/hcservices/