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2013 Supreme(Mad) 1506

V.DHANAPALAN
C. Praveen Karthick – Appellant
Versus
Secretary to Government, Industries Department, State of Tamil Nadu – Respondent


Advocates Appeared:
For the Petitioner:M. Muthappan, Advocate.
For the Respondents: R. Rajeswaran, Spl.G.P.

JUDGMENT

Heard Mr. M.Muthappan, learned counsel for the petitioner and Mr. R.Rajeswaran, learned Special Government Pleader appearing for the respondents.

2. The petitioner calls in question the Government Order in G.O.(2D).No.22, Industries (MMC2) Department, dated 16.5.2012, seeking to quash the same and to direct the respondents to refund the balance amount of seigniorage fee and security deposit together with interest.

3. The facts in a nut-shell are as follows:

(a) The petitioner was granted permit to quarry 5000 lorry loads of "Savudu" in PWD lake, comprised in S.No.1091 of Pattarai Perumpudur B.Madura Manjakuppam Village, Tiruvallur Taluk and District for a period of 55 days (18.1.2011 to 13.3.2011) under Rule 12 of the Tamil Nadu Minor Mineral Concession Rules (for short, 'the Rules'), as per the third respondent-District Collector's proceedings in Na.Ka.No.1076/2010/Mines-2, dated 18.1.2011.

(b) Pursuant to the said permission, the petitioner deposited a sum of Rs.5,65,000/-(Rs.4,00,000/- + Rs.1,65,000/-) towards seigniorage fee, Rs.56,500/- (Rs.40,000/-+ Rs.16,500/-) towards security deposit, Rs.8,000/- towards income tax and Rs.500/-towards area assessment. The petition


































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