ORDER

This writ petition has been filed challenging the order dated

09.03.2022 passed under Section 36A of the Tamil Nadu Minor Mineral Concession Rules, 1959, imposing penalty of Rs.12,65,411/- on the petitioner for the illegal mining committed by him. The petitioner has challenged the impugned order on the ground of violation of principles of natural justice. According to him, the inspection reports dated 23.04.2019 and 12.03.2021 referred to in the impugned order were not furnished to him, which is the basis for imposition of penalty under Section 36A of the Tamil Nadu Minor Mineral Concession Rules, 1959. The learned counsel appearing for the petitioner drew the attention of this Court to the impugned order.

2.As seen from the impugned order, the copies of the inspection reports relied upon by the respondent in imposing penalty on the petitioner had admittedly not been furnished to the petitioner. The basis for imposition of penalty is the aforementioned inspection reports dated 23.04.2019 and 12.03.2021. The petitioner had also requested for copies of the aforementioned inspection reports from the respondent through his letter dated 27.07.2021 and despite the same, the respondent has not furnished the copies of the inspection reports. It is also the contention of the petitioner that while conducting search as per the provisions of Section 23B of the Mines and Minerals (Development and Regulation) Act, 1957, Section 100 Cr.P.C., has to be followed. Section 100 Cr.P.C., reads as follows:

“100. Persons in charge of closed place to allow search - (1) Whenever any place liable to search or inspection under this Chapter is closed, any person residing in, or being in charge of, such place, shall, on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein.

(2) If ingress into such place cannot be so obtained, the officer or other person executing the warrant may proceed in the manner provided by sub-section (2) of section 47.

(3) Where any person in or about such place is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched and if such person is a woman, the search shall be made by another woman with strict regard to decency.

(4) Before making a search under this Chapter, the officer or other person about to make it shall call upon two or more independent and respectable inhabitants of the locality in which the place to be searched is situate or of any other locality if no such inhabitant of the said locality is available or is willing to be a witness to the search, to attend and witness the search and may issue an order in writing to them or any of them so to do.

(5) The search shall be made in their presence, and a list of all things seized in the course of such search and of the places in which they are respectively found shall be prepared by such officer or other person and signed by such witnesses; but no person witnessing a search under this section shall be required to attend the Court as a witness of the search unless specially summoned by it.

(6) The occupant of the place searched, or some person in his behalf, shall, in every instance, be permitted to attend during the search, and a copy of the list prepared under this section, signed by the said witnesses, shall be delivered to such occupant or person.

(7) When any person is searched under sub-

section (3), a list of all things taken possession of, shall be prepared, and a copy thereof shall be delivered to such person.

(8) Any person who, without reasonable cause, refuses or neglects to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under section 187 of the Indian Penal Code (45 of 1860).”

3.According to the petitioner, the aforementioned procedure has not bee