1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.13863 of 2011 and M.P.(MD)No.1 of 2011 M.Senthilvel ... Petitioner Vs 1. The District Collector, Sivagangai District, Sivagangai. 2. The Assistant Director of Geology and Mining, Sivagangai District, Sivagangai. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the second respondent to issue despatch slips/permits to enable the petitioner to carryon his quarrying activities in Sr.No.244/3 measuring an extent of 4.40.0 Hectares in Sevoor Vilage, Thiruppathur Taluk, Sivagangai District. For Petitioner : Mr.B.Prasanna Vinoth For Respondent : Mr.B.Pugalendhi Special Government Pleader O R D E R This Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India for a Writ of Mandamus directing the second respondent to issue despatch slips/permits to enable the petitioner to carryon his quarrying activities in Sr.No.244/3 measuring an extent of 4.40.0 Hectares in Sevoor Vilage, Thiruppathur Taluk, Sivagangai District. 2. Heard Mr.B.Prasanna Vinoth, learned Counsel for the petitioner and Mr.B.Pugalendhi, learned Special Government Pleader, who takes notice for the respondent. 3. By consent, the writ petition itself is taken up for final disposal. 4. The petitioner herein has taken a lease in respect of the lands comprised in S.No.244/3 measuring an extent of 4.40.0 Hectares in Sevoor Village, Thiruppathur Taluk, Sivagangi https://hcservices.ecourts.gov.in/hcservices/ 2 District for quarrying rough stones for 15 years. However, he was also granted licence in the year 2007 by the first respondent District Collector, Sivagangai on 25.07.2007 and the lease is also in force till 16.08.2012. When he has been scrupulously complying with the lease terms and conditions, he received a memorandum dated 12.08.2011 from the Revenue Divisional Officer, Devakottai alleging that there has been an illegal removal of rough stones of certain quantity. Immediately thereafter the petitioner has submitted his explanation on 29.08.2011 inviting for an enquiry to disprove the allegations. But the Revenue Divisional Officer, Devakottai without passing any order on his representation, once again has chosen to issue a memo on 18.11.2011 in Na.Ka.No.523/M1/2011 further alleging that there has been evasion of license fees to the tune of 22,130 cubic meters and he was given 15 days time to reply to the same, however, in the meanwhile, he was not permitted to quarry the site. 5. It is further stated that the petitioner is having valid quarry licence and when the licence is still valid and the said licence having not been suspended, the second respondent is obliged to issue necessary permits to quarry the site and transport the quarried materials. 6. Under these circumstances, the petitioner has also made an application on 24.11.2011. But the second respondent till date has not issued any despatch slip or permit to enable the petitioner to quarry again in S.No.244/3 measuring an extent of 4.40.0 Hectares in Sevoor Village, Thiruppathur Taluk, Sivagangi District. On that basis, the petitioner prayed for direction as stated above. 7. The learned Special Government Pleader submits that the petitioner, being a licence holder to quarry the site in the above mentioned place, has committed a breach of contract by illegally removing some of the rough stones to certain quantity which are prohibited. However, the explanation is called for by issuing a memo dated 18.11.2011 and the petitioner also has not paid the fees in terms of the lease deed executed by him to the first respondent. 8. Therefore, he pleaded that when the petitioner is issued with a memo calling upon him to submit his explanation about various violation of the terms and conditions of the lease agreement, it is not legally tenable to issue any interim direction when the enquiry is pending. Because, during the pendency of enquiry, if any direction is given, firstly the petitioner will not cooperate with enquiry and will not let the enquiry to see the light of the day. Secondly, it will be difficult to find out the nature of violations of the lease deed. These submissions carry some merits. https://hcservices.ecourts.gov.in/hcservices/ 3 9. In view of the above, this Court, by keeping in view of the pendency of the enquiry, is inclined to direct the respondents to complete the enquiry at the earliest possible time, preferably within a period of three months from the date of receipt of a copy of this order. In the meanwhile, the petitioner is at liberty to submit his representation to the respondents within a period of two weeks from the date of receipt of a copy of this order. 10. With these observations, this Writ Petition is dismissed. Consequently, the connected Miscellaneous Petition is also closed. No costs. Sd/- Assistant Registrar(AW) /True Copy/ Sub-Assistant Registrar To 1. The District Collector, Sivagangai District, Sivagangai. 2. The Assistant Director of Geology and Mining, Sivagangai District, Sivagangai. +One Cc to The Spl Govt. Pleader, SR.No.42904 ssl rl/4 c- 11.1.2012 W.P.(MD)No.13863 of 2011 and M.P.(MD)No.1 of 2011 07.12.2011 https://hcservices.ecourts.gov.in/hcservices/