1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :: 16.03.2011 CORAM :: THE HONOURABLE MR. JUSTICE K. VENKATARAMAN W.P.(MD)No.1972 of 2011 and M.P.(MD)No.1 of 2011 K.N.Solairajan, Rep. by his power agent C.Venkatasubbu, 15 B, Ayyanar Kovil Street, Anuppanadi, Madurai - 9. ... Petitioner - Vs - 1. The Secretary, Government of Tamil Nadu, Industries M.M.B1 Department, Secretariat, Chennai. 2. The Commissioner of Geology & Mining, Industrial Estate, Guindy, Chennai. 3. The District Collector, Madurai District, Madurai. 4. The Tahsildar, Melur, Madurai District. ...Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the first respondent to dispose of the second appeal dated 18.10.2010 preferred by the petitioner under Rule 36-C(3) of the Tamil Nadu Minor Mineral Concession Rules, 1959 within the period that may be stipulated by this Hon'ble Court. For Petitioner :: Mr. M. Ajmal Khan For Respondents :: Mr. V. Rajasekaran Special Government Pleader - - - - - - - O R D E R Heard the submissions of the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. 2. By consent of both the parties, the main writ petition itself is taken up for final hearing and disposal. 3. The petitioner has come up with the present writ petition for issuance of a Writ of Mandamus to direct the first respondent to dispose of the second appeal dated 18.10.2010 preferred by him under Rule 36-C(3) of the Tamil Nadu Minor Mineral Concession Rules, 1959 within the period that may be stipulated by this Hon'ble Court. 4. It is the case of the petitioner that a lease was granted to him to quarry multi coloured granite in the land measuring to an extent https://hcservices.ecourts.gov.in/hcservices/ 2 of 6 Hectares in Melur, Madurai District vide G.O.3 (D) No.11 Industries (MMB1) Department dated 12.04.2003 for a period of ten years. On the basis of an alleged field inspection conducted on 21.07.2009, the third respondent issued a show cause notice dated 24.07.2009, calling upon him to submit his explanation within 15 days. On 05.09.2009, the petitioner submitted an explanation. However, the third respondent, by his order dated 14.11.2009 held the charges to be proved and imposed a sum of Rs.45,49,000/- as penalty. As against the said order, the petitioner preferred an Appeal under Rule 36 C (2) of the Tamil Nadu Minor Mineral Concession Rules, 1959 before the second respondent, which was dismissed by an order dated 15.09.2010. Aggrieved by the same, the petitioner preferred a second appeal before the first respondent on 18.10.2010. Since the same was not disposed of so far, the petitioner has approached this Court by way of the present writ petition. 5. Considering the limited scope of the writ petition, without expressing any opinion on the claim made by the petitioner, I direct the first respondent to consider and dispose of the Second Appeal of the petitioner dated 18.10.2010 on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 6. With the above direction, this writ petition is disposed of. No costs. Consequently, the connected M.P.(MD)No.1 of 2011 is closed. Sd/- Assistant Registrar (C.O) /True Copy/ Sub Assistant Registrar (C.S) To: 1. The Secretary, Government of Tamil Nadu, Industries M.M.B1 Department, Secretariat, Chennai. 2. The Commissioner of Geology & Mining, Industrial Estate, Guindy, Chennai. 3. The District Collector, Madurai District, Madurai. 4. The Tahsildar, Melur, Madurai District. + 1 cc to Mr.M.Ajmalkhan, Advocate, SR No.6920 W.P.(MD)No.1972 of 2011 and M.P.(MD)No.1 of 2011 16.03.2011 Dpn/- RJ/31.3.11 2p/6c https://hcservices.ecourts.gov.in/hcservices/