IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.11.2025 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.Nos.3745 and 3746 of 2024 M.Ashok Kumar ... Petitioner Vs.

1 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT NATURAL RESOURCES (MMB-1) DEPARTMENT GOVERNMENT OF TAMIL NADU SECRETARIAT, CHENNAI – 600 009.

2 THE COMMISSIONER OF GEOLOGY AND MINING, DIRECTORATE OF GEOLOGY AND MINING, INDUSTRIAL ESTATE, GUINDY, CHENNAI – 600 032.

3 THE DISTRICT COLLECTOR – MADURAI DISTRICT COLLECTORATE, MADURAI – 625 020. ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records of the respondents herein, which culminated in the order of the third respondent herein in Rc. No.1198/2006/Mines dated 13.06.2008, the Order in Appeal passed by the second respondent herein in Rc.No.12089/MM2/2008 dated 23.02.2021 and the impugned order of the first respondent herein in G.O.(D) No.14 dated 25.09.2023, quash the impugned order passed by the first respondent in G.O.(D) No.14 dated 25.09.2023 and consequently quash the orders passed by the second respondent in Rc. No.12089/MM2/2008 dated 23.02.2021 and the third respondent in Rc. No.1198/2006/Mines dated 13.06.2008.

For Petitioner : M/s.J.T.Rajasuriya For Respondents : Mr.E.Veda Bhagath Singh Special Government Pleader

O R D E R

This writ petition has been filed seeking issuance of Writ of Certiorari calling for the records of the respondents, which culminated in the order of the third respondent in Rc. No.1198/2006/Mines dated 13.06.2008, the Order in Appeal passed by the second respondent in Rc.No.12089/MM2/2008 dated 23.02.2021 and the impugned order of the first respondent in G.O.(D) No.14 dated 25.09.2023, quash the impugned order passed by the first respondent in G.O.(D) No.14 dated 25.09.2023 and consequently quash the orders passed by the second respondent in Rc.No.12089/MM2/2008 dated 23.02.2021 and the third respondent in Rc.No.1198/2006/Mines dated 13.06.2008.

2.The learned counsel appearing for the petitioner submitted that the petitioner is the owner of the lorries bearing Registration Nos.TN 29 H 6009 and TN 29 F 0625 and is the lessee for quarrying multi-coloured granite from the land bearing S.F.No.94/2 admeasuring 2.00.0 Hectares in Thiruchunai Village, Melur Taluk, Madurai District. On 14.07.2006, the lessee obtained transport permit for transporting four granite blocks having total volume of 34.596 cbm by remitting necessary seigniorage fee and the validity of the permit was from 14.07.2006 to 21.07.2006. The driver of the petitioner’s lorry obtained facsimiled dispatch slip for the lorry bearing Registration No.TN 29 H 6009 and after loading the granite block, the driver started the vehicle on 18.07.2006 at 10 p.m. and since the said vehicle developed some mechanical problem at Karungalkudi which could not be rectified immediately, the granite block was shifted to the lorry bearing Registration No.TN 29 F 0625 and the said lorry along with granite was seized by the Assistant Geologist on 20.07.2006 at 4 a.m. at Uthangudi on the ground that the Registration Number of the lorry differed from the one mentioned in the facsimiled dispatch slip.

3.The learned counsel appearing for the petitioner further submitted that upon coming to know about the same, the petitioner made representation dated 20.07.2006 to the Assistant Director (Mines) Madurai seeking to release the lorry with granite, however, the lorry and granite block was not released. Thereafter the third respondent issued notice dated 25.07.2006 requiring the petitioner to appear before him on 01.08.2006 and the petitioner appeared before the third respondent, however, the third respondent did not pass any orders for release of lorry and granite and hence, the petitioner filed W.P.(MD) No.6743 of 2006 seeking release of vehicle and the Madurai Bench of this Court vide order dated 11.08.2006 directed to release the lorry on condition that the petitioner s