1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 20.12.2011 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.14358 of 2011 and M.P(MD)No.1 of 2011 K.Dharmendiran ..Petitioner Vs 1. The District Collector, Madurai District, Madurai. 2. The Deputy Director of Geology and Mining, Madurai Collectorate Campus, Madurai. 3. The Revenue Divisional Officer, Madurai District, Madurai. 4. The Assistant Director, Geology and Mining, Madurai District, Madurai. ..Respondents. Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second and fourth respondents to issue transport permit to the petitioner to transport rough stone and jelly from S.F.No.707/4E(0.26.5), 707/5(0.44.0), 712/1(1.44.0), 712/3(1.81.5) measuring an extent of 3.96.0 hectares at Mellakkal Village, Vadipatti Taluk, Madurai District till the end of the lease period as per the proceedings made in R.C.No.1090/Mines/2009, dated 01.04.2010 issued by the first respondent. For Petitioner :M/s.D.Sadiq Raja For Respondent :Mr.B.Pugalenthi Special Govt.Pleader ORDER The petitioner K.Dharmendran has come to this Court seeking a direction against the respondents 2 and 4 to issue transport permit to transport rough stone and jelly from S.F.Nos.707/4E(0.26.5), 707/5(0.44.0), 712/1(1.44.0) and 712/3(1.81.5) measuring an extent of 3.96.0 hectares at Mellakkal Village, Vadipatti Taluk, Madurai District till the end of the lease period as per the proceedings made in R.C.No.1090/Mines/2009, dated 01.04.2010 issued by the first respondent. 2. It has been contended by the learned counsel for the petitioner that the petitioner being the owner of the land in https://hcservices.ecourts.gov.in/hcservices/ 2 question covered in S.F.No.707/4E, 707/5, 712/1, 712/3 in Mellakkal Village, Vadipatti Taluk, Madurai District and also having been granted lease till the year 2015, prayed for grant of transport permit over an extent of 3.96.0 hectares in the above mentioned Survey Numbers. 3. The first respondent by proceeding, dated 01.04.2010 has granted lease for a period of five years from 01.04.2010 to 31.03.2015 subject to certain conditions. Thereafter, when the petitioner was carrying on the quarrying operation, he was issued with a show-cause notice thereby alleging some violation of terms and conditions in the lease deed. Subsequently, thereafter the respondents stopped issuing transport permit and as a result the petitioner has come to this Court, with the present Writ Petition to issue transport permit to transport rough stone and jelly. 4. The said prayer is heavily objected by the learned Special Government pleader by bringing to the notice of this Court para 14 of the order passed by this Court in W.P.Nos. 7690,7680 and 7706 of 2011, dated 15.07.2011 in the case of S.Periyannan and two others .vs. The District Collector, Madurai District, Madurai and others, which is extracted as under: "14. No doubt, for contravention of the provisions of the Tamil Nadu Minor Mineral Concession Rules, 1959 or breach of the lease fee upto a minimum of fifteen times the normal rate subject to a minimum of twenty five thousand rupees and also empowered to cancel the lease, in addition to a punishment provided in sub-section(1) of Section 21 of the Act. Yet this Court is of the view that when an authority is conferred with a power to issue transit permits or dispatch slips, he is also empowered to withhold the same, when contravention of the provisions of the Tamil Nadu Minor Mineral Concession Rules, 1959 and the lease conditions are noticed and which is evident from the reports." 5. A mere reading of the above paragraph clearly shows that this Court has already held that even the authority, who is conferred with a power to issue transit permits or despatch slips, is also empowered to withhold the same, when contravention of the provisions of the Tamil Nadu Minor Mineral Concession Rules, 1959 and the lease conditions are noticed, and if it is evident from the reports. In the present case, admittedly a show-cause notice, dated 11.11.2011 was issued alleging violation of certain conditions of lease deed. 6. In that view of the matter, this Court is not inclined to entertain the present Writ Petition and the same is liable to be dismissed. Accordingly, the Writ Petition is dismissed. Consequently, connected Miscellaneous Petition is dismissed. No costs. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1. The District Collector, Madurai District, Madurai. 2. The Deputy Director of Geology and Mining, Madurai Collectorate Campus, Madurai. 3. The Revenue Divisional Officer, Madurai District, Madurai. 4. The Assistant Director, Geology and Mining, Madurai District, Madurai. +1cc to the Special Govt.Pleader, Sr.No. 45011 vsn ssk/09.01.2012 /6c -2p/- W.P(MD)No.14358 of 2011 and M.P(MD)No.1 of 2011 20.12.2011 https://hcservices.ecourts.gov.in/hcservices/