1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.8106 of 2011 Sirajudhhen ... Petitioner -Vs- 1. The Commissioner Geology and Mining Department Thiruvika Industrial Estate Guindy, Chennai - 32 2. The District Collector Virudhunagar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the first respondent to dispose of the Second Appeal filed by the petitioner before the first respondent, dated 19.08.2010 against the order of the second respondent in Na.Ka.KV1/155/2010, dated 23.7.2010. For Petitioner : Mr.C.M.Arumugam For Respondents : Mr.B.Pugalendhi, Special Government Pleader O R D E R Pleadings disclose that alleging the vehicle bearing Registration No. TN/30/V/7592 was transporting minerals contrary to the provisions of the Tamil Nadu Minor Mineral Concession Rules 1959, the above said vehicle was seized on 29.12.2009, by the Deputy Tahsildhar No.II, Rajapalayam Taluk and with the Revenue Inspector of Keelarajakulam Village and thereafter, handed over to the Revenue Divisional Officer, Sivagangai. The petitioner has filed W.P.No.4285 of 2010, and by an order, dated 01.04.2010, this Court has directed to release the vehicle, subject to payment of fine amount imposed by the Revenue Divisional Officer, Sivagangai. Upon adjudication, the Revenue Divisional Officer, Sivagangai, by its order, dated 11.01.2010, in Na.Ka.Aa. 4/8041/09, has imposed a fine amount of Rs.25,820/-. The petitioner has paid the fine amount. 2. However, aggrieved by the penalty, the petitioner has preferred an appeal to the District Collector, Virudhunagar, and vide proceedings, in Na.Ka.KV.1/155/2010, dated 23.07.2010, he has confirmed the penalty. Being aggrieved by the same, the petitioner has filed a Second Appeal, dated 19.08.2010, to the Commissioner, Geology and Mining Department, Thiruvika Industrial Estate, Guindy, Chennai - 32, the first respondent herein. Though, all the documents required have been submitted the second appeal, has not been disposed of. As the second appeal is pending for consideration since 19.08.2010, the petitioner seeks for a direction for disposal. https://hcservices.ecourts.gov.in/hcservices/ 2 3. Considering the limited prayer, Mr.B.Pugalendhi, learned Special Government Pleader, was put on notice and heard and that there is no objection for the prayer sought for. 4. Heard the learned counsel for the parties. 5. Considering the limited prayer, without expressing any opinion on the claim of the petitioner, this Court is inclined to direct the first respondent to dispose of the Second Appeal, dated 19.08.2010, within a period of four weeks from the date of receipt of a copy of this order. 6. With the above said directions, this Writ Petition is disposed of. No costs. SD ASST REGISTRAR ( T AND P ) /TRUE COPY/ SUB ASST REGISTRAR vsg To 1. The Commissioner Geology and Mining Department Thiruvika Industrial Estate Guindy, Chennai - 32 2. The District Collector Virudhunagar 1CC TO MR. C.M. ARUMUGAM, ADVOCATE, SR: 23876: 1CC TO THE SPL. GOVT PLEADER SR: 24131: DM::2011:AUGUST:04:: W.P.(MD).No.8106 of 2011 2P:5C:: https://hcservices.ecourts.gov.in/hcservices/