IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, M.JOTHIRAMAN, JJ
Southern Enterprises – Appellant
Versus
State of Tamil Nadu, represented by the Principal Secretary to Government, Industries Department – Respondent
ORDER :
S.M.SUBRAMANIAM, J.
The present Writ Petitions have been instituted challenging pre-mature terminations of mining leases.
2. This Court examined the facts and the issues raised. The legal principles and the allegations of illegal mining, transportation, stocking are elaborately discussed in the Suo motu (PIL) in W.P.No.1592 of 2015. However, the grounds raised in these batch of writ petitions are considered by this Court.
3. The writ petitioners have mainly raised that Mr.S.Vaikundarajan, Managing Partner of M/s.V.V.Mineral filed frivolous complaints against the petitioners mining operations. Due to rivalry Mr.S.Vaikundarajan with the help of prominent political parties in the State has given complaint against the petitioners mining company. Therefore, the entire actions of the authorities are motivated. The petitioners have stated that the Madurai Bench of the Madras High Court appointed an Advocate Commissioner, who in turn submitted a report on 20.01.2016, stating that the petitioners have not committed any violations or allegations.
4. Therefore, the entire actions of the Government are beyond the scope of the powers conferred under the Mines and Minerals (Development and Re
The court upheld the termination of mining leases under the MMDR Act and MCR, affirming that the actions were justified and complied with natural justice principles.
No lapsing of a mining lease occurs where operations are statutorily restrained until requisite environmental clearances are obtained, making provisions inapplicable until such clearances are availab....
For the purpose of Rule 35-A, if the Government feels that the orders passed by the Assistant Director of Mines and Geology, on 16.10.2018 were not in accordance with the provisions of the Act, the D....
Writs under Article 226 can be maintained against predetermination by authorities, regardless of alternative remedies available, invalidating actions based on extraneous influences.
Pre-determined issuance of demand notices violates legal principles requiring fair process, rendering them null and void.
Statutory authorities must exercise powers independently, and actions based on predetermination or external influence are deemed illegal.
The main legal point established in the judgment is the importance of observing the principles of natural justice in administrative decisions, and the requirement for authorities to consider relevant....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.