IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26.10.2006 CORAM : THE HONOURABLE MR.JUSTICE K.RAVIRAJA PANDIAN WRIT PETITION No.38673 of 2006 & MP.NO.1 OF 2006 India Magnesia Product Ltd., rep.by its Managing Director Mr.Hironmoy Sanyal ..Petitioner Vs 1.The State of Tamilnadu, rep.by its Secretary to Government Industries Department, Fort.St.George, Chennai-9. 2.The District Collector, Salem District, Salem. 3.The Assistant Director, Department of Geology & Mining, Salem. ..Respondents PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents herein to permit the petitioner to mine and transport the magnesite and issue transport permits to the petitioner for transporting the mineral (magnesite) from the poramboke land (leasehold area) bearing S.F.No.76/1(P) admeasuring 19.02.0 hectares in Kondappa Naickenpatti Village, Salem Taluk and District on payment of royalty. For Petitioner : Mr.V.Sanjeevi For Respondents : Mr.R.Thirugnanam, SGP O R D E R Mr.R.Thirugnanam, learned Special Government Pleader takes notice. Heard both. 2. It is the case of the petitioner that originally, the Tamilnadu https://hcservices.ecourts.gov.in/hcservices/ Government, by G.O.Ms.No.488 Industries (D) Department dated 5.5.1986, granted mining lease to M/s.Tamilnadu Magnesite Limited, Salem over an extent of 47 acres in S.No.76/1 Kondappanaickenpatti Village, Salem District for a period of twenty years. Subsequent to the grant of lease, on 8.8.1986, the lease deed came to be executed. Thereafter, on 5.7.1993 by G.O.2(D)No.171 Industries (MMD.1) Department, the Government of Tamilnadu accorded consent for the transfer of mining lease granted to M/s.Tamilnadu Magnesite Limited to the petitioner and as such, M/s.Tamilnadu Magnesite Limited transferred the lease in favour of the petitioner. The Government also approved such transfer for the remaining period upto 7.8.2006. 3. The petitioner was enjoying the lease and carrying on the quarrying operation by engaging more than 200 men and investing heavily on the machinery. Twelve months prior to expiration of the lease period, i.e on 22.7.2005, as required by provisions of the Mineral Concession Rules, the petitioner made an application to the first respondent under Rule 24-A of the said Rules for renewal of mining lease. The request for renewal was rejected by the first respondent by G.O.(D)No.68 Industries (MMD.1) Department dated 5.8.2006 on erroneous reasons. 4. As against the rejection order, the petitioner filed a statutory revision along with petition for stay before the Secretary to Government of India, Ministry of Mines, New Delhi and the same is pending. The Central Government has also granted stay of operation of G.O(D).No.68 Industries (MMD.1) Department dated 5.8.2006 by an order dated 15.9.2006. When such being the position, according to the petitioner, in view of the stay granted by the Central Government, the petitioner is entitled to carry on the quarrying operation. As the respondents are not permitting the petitioner to carry on the quarrying operation, the petitioner has filed the writ petition. 5. I have heard the learned counsel for the petitioner, who argued in line with the facts stated above. 6. Of course, it may be correct that the on a revision filed under the provisions of the said Rules, the Central Government stayed the operation of rejection order on renewal application passed by the State Government. But, that does not mean that even after the expiry of period, for which, lease was granted originally and transferred subsequently in favour of the petitioner upto 7.8.2006, the petitioner is entitled to quarry minerals from the field. The order of stay granted by the Central Government shall not be interpreted in such a way that the petitioner can continue the quarrying operation even after the expiry of lease. If the petitioner wants to continue the quarrying operation, they can very well move the Central Government, before whom the revision petition is pending, to get an interim order permitting https://hcservices.ecourts.gov.in/hcservices/ the petitions to quarry the mineral pending disposal of the revision petition filed against the order of rejection on renewal application by the State Government. Therefore, the order of stay granted by the Central Government cannot be, ipso facto, regarded as a permission granted by the Central Government to continue the quarrying operation even after the expiry of the lease period i.e on and after 8.8.2006. The petitioner has not made out any case. 7. Hence, the writ petition is dismissed. No costs. Consequently, the above MP is also dismissed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar To 1.The Secretary to Government State of Tamilnadu, Industries Department, Fort.St.George, Chennai-9. 2.The District Collector, Salem District, Salem. 3.The Assistant Director, Department of Geology & Mining, Salem. +1cc to Mr.V.Sanjeevi, Advocate Sr 49849 +1cc to Govt. Pleader Sr 49969 RS JE (CO) km/4.11. WP.NO.38673 OF 2006 AND MP.NO.1 OF 2006 https://hcservices.ecourts.gov.in/hcservices/