1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.8045 of 2011 and M.P.(MD)No.1 of 2011 N.Athimuthan : Petitioner Vs. 1.The Principal Secretary to Government, Industries Department, Chennai. 2.The Commissioner of Geology and Mining, Industrial Estate, Guindy, Chennai. 3.The District Collector, Madurai District, Madurai. 4.R.Karthikeyan : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondents to transfer the lease granted to the fourth respondent in S.F.No.52/2, over an extent of 0.82.5 hectares in Palamedu Village of Vadipatti Taluk, Madurai District in favour of the petitioner on the basis of the communication of the second respondent made in Lr.No.13106/MM6/2009, dated 20.09.2010, within the time stipulated. For Petitioner : Mr.Pala Ramasamy For Respondents 1to3 : Mr.B.Pugalendhi Special Government Pleader ORDER ***** Though the petitioner has sought for a Mandamus, directing the respondents to transfer the lease granted to the fourth respondent in S.F.No.52/2, over an extent of 0.82.5 hectares in Palamedu Village of Vadipatti Taluk, Madurai District, in favour of the petitioner, on the basis of the communication of the second respondent made in Lr.No.13106/MM6/2009, dated 20.09.2010, within the stipulated time, this Court is not inclined to grant the relief, as prayed https://hcservices.ecourts.gov.in/hcservices/ 2 for, for the reason, that subsequent to the communication dated 20.09.2010, there were some queries raised and clarification sought for, which the learned Special Government Pleader has brought to the notice of this Court, by producing the letters. Pursuant to the report stated supra, by letter No.6141/MMC- 2/2010-3, dated 01.10.2010, the Deputy Secretary to Government, Industries (MMC-2) Department, Secretariat, Chennai has requested the Commissioner of Geology and Mining, Chennai to clarify and send the following particulars to the Government for processing the case further: "(i) If there is no sale agreement between transferor and transferee, is the transferor going to transfer the lease without any cost (i.e. free of cost)? The reason for transferring the lease to be clearly indicated. (ii) With reference to Rule 36F(5)(a)(v) of TNMMCR, 1959, income tax clearance certificate has to be submitted by both transferee and transferor. (The transferee has already submitted a copy of PAN Card). I am to request you to obtain and send the Income Tax Statement in the prescribed format from both the transferee and transferor to the Government." 2. In response to the above, the District Collector, Madurai, in his proceedings in Rc.No.938/2008-Mines, dated Nil.11.2010, has addressed a letter to the Deputy Secretary to Government, Industries Department, Chennai through the Commissioner of Geology and Mining, Chennai stating as follows: "In the Ref. 11th cited, Government have requested to furnish the reason for transferring the lease and also requested to send the copy of the Income Tax Clearance Certificate of both Transferee and Transferor. Thiru.Karthikeyan/Transferee has stated in his letter dated 09.11.2010 that, he has not claimed any premium, in addition to the sum spent by him in obtaining the lease and for conducting or any of the operation in or over the land leased to him. He has further stated that due to personal friendship only he has agreed to transfer the lease to one Thiru.Athimuthan, who is his relative and family friend. The copy of the Income Tax Clearance Certificate furnished by Thiru.Athimuthan and the Affidavit towards Income Tax Clearance furnished by Thiru.Karthikeyan and the letter received from Thiru.Karthikeyan and Thiru.Athimuthan are sent herewith in duplicate." 3. Thereafter, Mr.R.Karthikeyan, the fourth respondent herein seemed to have given a letter dated 4th July, 2011, to the District Collector stating that due to illness, he could not engage in quarrying from 30.06.2011 and, therefore, he has requested the District Collector, Madurai not to issue any transit permit. He has also informed the said authority that after recovery, he would continue to engage in quarrying. https://hcservices.ecourts.gov.in/hcservices/ 3 4. It has also to be seen that the Joint Secretary to Government, by letter No.6141/MMC-2/2010-4, dated 01.03.2011, has directed the Commissioner of Geology and Mining, Guindy, Chennai, to send the District Collector's report along with the documents as stated, to the Government for taking further action in the matter. Thus, it is evident that the report dated 20.09.2010, of the Commissioner of Geology and Mining, is not final and some more documents were required by the Government. 5. In the above said circumstances, the Mandamus sought for by the petitioner cannot be granted. At the same time, having regard to the submission of the learned counsel for the petitioner, that it would be suffice, if a direction is issued to the first respondent to consider the application dated 15.10.2008, a direction is issued to the Principal Secretary to Government, Industries Department, Chennai, the first respondent herein to pass orders on the application dated 15.10.2008 filed by the fourth respondent for transfer of quarrying lease in favour of the petitioner, in accordance with law and on merits, taking into consideration the subsequent events, within a period of three weeks from the date of receipt of a copy of this order. The Commissioner of Geology and Mining, Industrial Estate, Guindy, Chennai, the second respondent herein is also directed to send the District Collector's report along with the documents, as sought for, in the Joint Secretary's letter dated 01.03.2011, at the earliest, so as to enable the Government to pass orders, within the prescribed period. 6. With the above directions, the Writ Petition is disposed of. Consequently, the connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To 1.The Principal Secretary to Government, Industries Department, Chennai. 2.The Commissioner of Geology and Mining, Industrial Estate, Guindy, Chennai. 3.The District Collector, Madurai District, Madurai. SML rl/4c – 4.8.2011 Order made in W.P.(MD).No.8045 of 2011 Dated:- 25.07.2011 https://hcservices.ecourts.gov.in/hcservices/