1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)Nos.12836 to 12838 of 2011 and M.P.(MD).Nos.1 and 2 in all W.Ps. V.Jeyakodi ... Petitioner in W.P.No.12836/2011 V.Jeyakodi ... Petitioner in W.P.No.12837/2011 M.Pandian ... Petitioner in W.P.No.12838/2011 Vs. 1. The District Collector, Department of Geology and Mines, Collectorate, Theni. 2. The Assistant Director (Mines), Department of Geology and Mines, Collectorate, Theni. ... Respondents in all W.Ps. Prayer in W.P.No.12836/2011: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to forbear the respondents from in any manner except by due process of law from cancelling the petitioner's legitimate right of quarrying in accordance with the existing lease for mining rough stone situated in S.F.No.331 Part-I over an extent of 1.08.0 hectares in E.Kamachipuram Village, Periyakulam Taluk, Theni District which is valid up to 03.05.2017. Prayer in W.P.No.12837/2011: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to forbear the respondents from in any manner except by due process of law from cancelling the petitioner's legitimate right of quarrying in accordance with the existing lease for mining rough stone situated in S.F.No.331 Part-II over an extent of 1.08.0 hectares in E.Kamachipuram Village, Periyakulam Taluk, Theni District which is valid up to 03.05.2017. Prayer in W.P.No.12838/2011: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to forbear the respondents from in any manner except by due process of law from cancelling the petitioner's legitimate right of quarrying in accordance with the existing lease for mining rough stone situated in S.F.No.331 Part-III over an extent of 1.14.0 hectares in E.Kamachipuram Village, Periyakulam Taluk, Theni District which is valid up to 03.05.2017. For Petitioners : Mr.M.K.Hidayathulla for Mr.K.Anandan For Respondents : Mr.B.Pugalenthi Special Govt. Pleader https://hcservices.ecourts.gov.in/hcservices/ 2 C O M M O N O R D E R The petitioner V.Jeyakodi in W.P.No.12836 of 2011 has come to this Court by filing the Writ Petition under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus in the nature of writ forbearing the respondents, the District Collector, Department of Geology and Mines, Theni and the Assistant Director (Mines), Department of Geology and Mines, Theni to forbear them from in any manner except by due process of law from cancelling the petitioner's legitimate right of quarrying in accordance with the existing lease for mining rough stone situated in S.F.No.331 Part-I over an extent of 1.08.0 hectares in E.Kamachipuram Village, Periyakulam Taluk, Theni District which is valid up to 03.05.2017. 2. The learned counsel appearing for the petitioner after briefly narrating the facts that the petitioner was a successful bidder in a public auction conducted by the Government of Tamil Nadu for a lease of lands in Theni District for the purpose of mining rough stone situated in S.F.No.331 Part-I over an extent of 1.00.0 hectares in E.Kamachipuram Village, Periyakulam Taluk, Theni District. He has also deposited a sum of Rs.45,000/- as security deposit on 15.03.2007 and thereafter, he has also paid a sum of Rs.4,50,000/- as lease amount on 21.02.2007 and 23.02.2007 respectively and he invested a huge amount of monies for quarrying the rough stones, the first respondent has to allow the petitioner to quarry the stones in the above mentioned land. Since the first respondent has already given a lease for a period of ten years from 04.05.2007 to 03.05.2017 and the petitioner has also received bulk orders from various customers, but he was not issued any any bulk transport permit and facsimile dispatch slips. Therefore, he has made a representation on 14.09.2011, requesting the respondents for issuance of bulk transport permit and facsimile dispatch slips. But without assigning any reason whatsoever, the second respondent is keeping silent. On that basis, the petitioner though has filed the present Writ Petition seeking for a Writ of Mandamus to forbear the respondents from in any manner except by due process of law from cancelling the petitioner's legitimate right of quarrying in accordance with the existing lease for mining rough stone situated in S.F.No.331 Part-I over an extent of 1.08.0 hectares in E.Kamachipuram Village, Periyakulam Taluk, Theni District which is valid up to 03.05.2017, without going to the main prayer, he has made a limited prayer to issue direction to the first respondent, the District Collector, Department of Geology and Mines, Theni to consider the petitioner's pending representation. 3. Similarly, two other Writ Petitions have been filed by the petitioners in W.P.(MD).Nos.12837 and 12838 of 2011 with same set of facts praying for the same relief. 4. In reply Mr.B.Pugalenthi, the learned Special Government Pleader appearing for the respondents submitted that he is ready to argue on the main prayer sought for by the petitioners. However, since the petitioners are restricting their prayer only to issue direction to the respondents to consider their representation, this Court accepting the limited prayer https://hcservices.ecourts.gov.in/hcservices/ 3 directs the respondents to consider the representation made by the petitioners dated 14.09.2011 and pass appropriate orders on merits and in accordance with law within a period of five weeks from the date of receipt of a copy of this order. With the above direction, these Writ Petitions are disposed of. No costs. Sd/- Assistant Registrar (RTI) / True Copy / Sub Assistant Registrar To 1. The District Collector, Department of Geology and Mines, Collectorate, Theni. 2. The Assistant Director (Mines), Department of Geology and Mines, Collectorate, Theni. +1CC TO THE SPECIAL GOVERNMENT PLEADER, SR : 40891 Akv SR : 13.12.2011 : 3p/4c W.P.(MD)No.12836 to 12838 of 2011 21.11.2011 https://hcservices.ecourts.gov.in/hcservices/