T.Ashok Kumar vs The District Collector
2023 Latest Caselaw 16032 Mad

Madras High Court

T.Ashok Kumar vs The District Collector on 11 December, 2023

Author: S.M.Subramaniam

Bench: S.M.Subramaniam

                                                               W.A.(MD) Nos.756 & 757 of 2020



                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 11.12.2023

                                                      CORAM:

                                    THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
                                                       and
                                  THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN


                                           W.A.(MD) Nos.756 & 757 of 2020
                                                        and
                                             C.M.P.(MD) No.4342 of 2020


                 W.A.(MD) No.756 of 2020:

                 T.Ashok Kumar                                                   ... Appellant

                                                        -vs-


                 1.The District Collector
                   Department of Geology and Mines
                   Collectorate
                   Dindigul

                 2.The Revenue Divisional Officer
                   O/o.The Revenue Divisional Officer
                   Collectorate, Dindigul

                 3.The Assistant Director (Mines)
                   Department of Geology and Mines
                   Collectorate, Dindigul                                        ... Respondents




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https://www.mhc.tn.gov.in/judis
                                                                   W.A.(MD) Nos.756 & 757 of 2020




                           Writ Appeal filed under Clause 15 of Letters Patent to set aside the

                 order, dated 19.08.2019, passed in W.P.(MD) No.12511 of 2011, on the file of

                 this Court.


                                  For Appellant     : Mr.S.Ramsundar Vijayaraj

                                  For Respondents   : Mr.M.Lingadurai
                                                      Special Government Pleader

                 W.A.(MD) No.757 of 2020:

                 T.Ashok Kumar                                                       ... Appellant

                                                            -vs-


                 1.The Revenue Divisional Officer
                   O/o.The Revenue Divisional Officer
                   Collectorate, Dindigul

                 2.The Assistant Director (Mines)
                   Department of Geology and Mines
                   Collectorate, Dindigul                                            ... Respondents




                           Writ Appeal filed under Clause 15 of Letters Patent to set aside the

                 order, dated 19.08.2019, passed in W.P.(MD) No.12512 of 2011, on the file of

                 this Court.



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https://www.mhc.tn.gov.in/judis
                                                                    W.A.(MD) Nos.756 & 757 of 2020




                                  For Appellant     : Mr.S.Ramsundar Vijayaraj

                                  For Respondents   : Mr.M.Lingadurai
                                                      Special Government Pleader



                                              COMMON         JUDGMENT

[Judgment of the Court was made by S.M.SUBRAMANIAM, J.]

These writ appeals are directed against the common order of the

learned Single Judge, dated 19.08.2019, passed in W.P.(MD) Nos.12511 &

12512 of 2011.

2. The learned Single Judge has recorded the fact that the lease

period of quarry has expired on 30.12.2017 and held that nothing survives for

consideration in the writ proceedings.

3. Learned counsel for the appellant is unable to establish that

the appellant suffered any order of suspension during the interregnum lease

period and more so, the lease was cancelled on account of violations

committed by the appellant. Opportunity was granted to the appellant by the

authority concerned before cancelling the lease and the appellant had also

____________

https://www.mhc.tn.gov.in/judis W.A.(MD) Nos.756 & 757 of 2020

appeared before the authority concerned and defended his case. Therefore,

the ground raised by the appellant that principles of natural justice had been

violated has not been established. More so, the lease period expired in the

year 2017 and six years have lapsed. This being the factum, no further

adjudication is required in respect of the grounds raised in the present writ

appeals.

4. Accordingly, the writ appeals stand dismissed. No costs.

Consequently, connected miscellaneous petition is closed.

                                                          [S.M.S., J.]          [V.L.N., J.]
                                                                    11.12.2023
                 NCC      : Yes / No
                 Index : Yes / No
                 Internet : Yes / No

                 krk




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https://www.mhc.tn.gov.in/judis W.A.(MD) Nos.756 & 757 of 2020

To:

1.The District Collector, Department of Geology and Mines, Collectorate, Dindigul.

2.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Collectorate, Dindigul.

3.The Assistant Director (Mines), Department of Geology and Mines, Collectorate, Dindigul.

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https://www.mhc.tn.gov.in/judis W.A.(MD) Nos.756 & 757 of 2020

S.M.SUBRAMANIAM, J.

and V.LAKSHMINARAYANAN, J.

krk

W.A.(MD) Nos.756 & 757 of 2020 and

11.12.2023

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https://www.mhc.tn.gov.in/judis