1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.9745 of 2011 S.Kathamuthu : Petitioner Vs. 1.The District Collector, Pudukottai, Pudukkottai District. 2.The Assistant Director of Geology and Mining, Pudukottai, Pudukottai District. : 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 first respondent to grant licence to the petitioner as per Rule 38C(5)(6) of the Tamil Nadu Minor Mineral Concession Rules, 1959 for the storage and transportation of the sands purchased from the Public Works Department quarries in the property situated in Survey No.191/2, Allathur Village, Illupur Taluk, Pudukottai District to an extent of 0.66.0 Hectares, in pursuant to the petitioner's application dated 23.04.2011. For Petitioner : Mr.R.Maheswaran For Respondents : Mr..B.Pugalendhi, Special Government Pleader ORDER The petitioner, who has taken lease of land bearing Survey No.191/2, Allathur Village, Illupur Taluk, Pudukottai District, to an extent of 0.66.0 Hectares, for a period of three years, seemed to have made an application dated 23.04.2011 to the District Collector, Pudukottai District for grant of licence under Rule 38-C(3) of the Tamil Nadu Minor Mineral Concession Rules, 1959 [hereinafter referred to as "the Rules"] for storage and transportation of sand purchased from the Public Works Department quarries. According to him, he has remitted a sum of Rs.5,000/-, as required under Rule 38-C(4) of the Rules. The Assistant Director of Geology and Mining, Pudukottai District orally instructed him to obtain a report from a qualified person regarding storing of sand and that a report dated 02.05.2011 has also been submitted. Contending inter alia that Rule 38-C(5) of the Rules mandates the District Collector, Pudukkottai District, to refer an application submitted under Rule 38-C(3), to the Assistant Director of Geology and Mining, within ten days from the date of receipt of the application and inviting the attention of this Court to Rule 38-C(6)(a) (b) of the Rules that the District Collector has to pass orders on the application, within a period of 30 days from the date of receipt of the application, Mr.R.Maheswaran, learned counsel for the petitioner submitted that there is a failure on the part of the respondents to adhere to the time limit prescribed under the Rules and, therefore, a Mandamus has to be issued to the District Collector, Pudukottai District, to grant licence for https://hcservices.ecourts.gov.in/hcservices/ 2 storage and transportation of sand purchased from the Public Works Department quarries. 2. When the matter came up for admission, on instructions from the respondents, Mr.B.Pugalendhi, learned Special Government Pleader, who took notice on behalf of the respondents, submitted that pursuant to the receipt of the application, the same has been forwarded to the Assistant Director of Geology and Mining, Pudukkottai District and a report drawn by him has also been submitted to the District Collector, for appropriate orders. The learned Special Government Pleader also submitted that after amendment made to Rule 38-C in the Tamil Nadu Minor Mineral Concession Rules, 1959, by G.O.Ms.No.32, Industries (MMC2) Department, dated 11.02.2011, guidelines have been issued in the matter of granting licence under Rule 38-C, which stipulates a restriction that stockyard should not be located within 500 metres from the quarry site or river-bed or within habitation. Though the learned Special Government Pleader submitted that guidelines are said to have been issued by the competent authority, no materials have been placed before this Court. However, perusal of Rule 36 (1-A)(c) shows that even in the case of location of stone quarry, the restriction placed is that it should not be located within 300 metres from a layout or building, subject to the approval of the agency. Though the above said guidelines are said to have been issued by a competent authority, they have not been placed or challenged. The District Collector, Pudukottai District, is bound to pass orders, on the application dated 23.04.2011, within the time frame. As more than three months have lapsed, failure in not adhering to the time limit, as provided under the statutory rules is per se apparent. 3. In view of the above, a direction is issued to the District Collector, Pudukottai, Pudukottai District, the first respondent herein to pass orders on the application dated 23.04.2011 submitted by the petitioner for grant of licence for storage and transportation of sand purchased from Public Works Department quarries, as expeditiously as possible, by not later than two weeks from the date of receipt of a copy of this order. While doing so, the District Collector, Pudukottai, Pudukottai District, the first respondent herein is directed to consider the statutory provisions contained in the Tamil Nadu Minor Mineral Concession Rules, 1959. 4. The Writ Petition stands disposed of in the above terms. No costs. SD ASST REGISTRAR ( RTI Act ) /TRUE COPY/ SML SUB ASST REGISTRAR To 1.The District Collector,Pudukottai, Pudukkottai District. 2.The Assistant Director of Geology and Mining, Pudukottai, Pudukottai Dist. 1CC TO MR. R. MAHESWARAN, ADVOCATE, SR: 29385: DM::2011:AUGUST:26:: Order made in W.P.(MD).No.9745 of 2011 Dated:- 26.08.2011 2P:4C:: https://hcservices.ecourts.gov.in/hcservices/