1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.11913 of 2011 and W.P.M.P(MD)No.1 of 2011 G.K.O.Venkatesh .. Petitioner Vs. 1.The Secretary to Government, Industries Department, Fort St. George, Chennai – 600 009. 2.The Principal Conservator of Forests, No.1, Jeans Road, Panagal Building, Saidapet, Chennai. 3.The Director, Town and Country Planning, No.807, Anna Salai, Chennai – 600 002. 4.The District Collector, Tirunelveli District, Tirunelveli. .. Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent to order the fourth respondent to execute a lease agreement for 20 years to do granite quarry in R.S.No.425, 1.06.05 Hectares (2.63 acres) in Keezhakaruvelankulam Village, Nanguneri Taluk in Tirunelveli District with the terms and conditions contemplated as per the concerned Law, Acts, Rules and other statutes and to pass such further or other orders. For Petitioner : Mr.F.X.Eugene For Respondents : Mr.B.Pugalenthi, Special Government Pleader O R D E R The petitioner, being the owner of punja land in R.S.No.425 in Keezhakaruvelankulam Revenue Village, Nanguneri Taluk, Tirunelveli District admeasuring 2.63 acres by virtue of the registered sale deed dated 04.07.2007, has applied for permission to quarry the granite on 18.03.2008 under Rules 8-C/19-A of the Tamil Nadu Minor Mineral Concession Rules, 1959 to the first respondent through the fourth respondent by paying Rs.5,000/- in the name of the Head of Account. Though his application was forwarded by the fourth respondent to the first respondent, till date, the application has not been returned. Therefore the learned counsel for the petitioner submits that if the petitioner's application dated 18.03.2008, till date, has not been rejected in law it shall be deemed to have been accepted by the first respondent. On that premises, the learned counsel for the petitioner sought for direction to the first respondent to further direct the fourth respondent to execute lease agreement for twenty years to quarry granite in R.S.No.425 in Keezhakaruvelankulam Revenue Village, Nanguneri Taluk, Tirunelveli District. https://hcservices.ecourts.gov.in/hcservices/ 2 2. The learned Special Government Pleader has already taken notice for the respondents. 3. Admittedly, it is not in dispute that the petitioner's application dated 18.03.2008 filed by him, stating that he is the owner of the punja land in R.S.No.425 in Keezhakaruvelankulam Revenue Village, Nanguneri Taluk, Tirunelveli District having an extent of 2.63 acres, has applied for quarry lease under Rules 8-C/19-A of the Tamil Nadu Minor Mineral Concession Rules, 1959. Since the said application has been pending for a long time, in the light of the letter No.2229/MME.2/2011-1, dated 15.02.2011 issued by the Joint Secretary to Government, Industries (MME.2) Department to the District Collector, Tirunelveli to take appropriate action, this Court directs the first respondent to forward the petitioner's application dated 18.03.2008 pending with him to the fourth respondent, the District Collector, Tirunelveli District, within a period of two weeks from the date of receipt of a copy of this order and thereafter the fourth respondent, the District Collector, Tirunelveli District, shall consider the said application on merits and in accordance with law within a period of eight weeks from the date of receipt of the application from the first respondent. 4. With the above directions, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. SD ASST REGISTRAR ( RTI Act ) /TRUE COPY/ SUB ASST REGISTRAR smn To 1.The Secretary, Industries Department, Government of Tamil Nadu, Fort St. George, Chennai – 600 009. 2.The Principal Conservator of Forests, No.1, Jeans Road, Panagal Building, Saidapet, Chennai. 3.The Director, Town and Country Planning, No.807, Anna Salai, Chennai – 600 002. 4.The District Collector, Tirunelveli District, Tirunelveli. 1CC TO MR. F.X. EUGENE, ADVCOATE, SR:41393: 1CC TO THE SPL. GOVT PLEADER SR: 41477: DM::2011:DECEMBER:16:: W.P(MD)No.11913 of 2011 and M.P(MD)No.1 of 2011 24.11.2011 2P:7C:: https://hcservices.ecourts.gov.in/hcservices/