C. SUGUMAR Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE petitioner, claiming himself to be the owner of the land measuring 0.55.0 Hectors of land in S. No. 269/1 in Patta No. 106 in Konavattam Village, has made a representation dated 6.5.2013 to the Assistant Director, Mines & Minerals, Collectorate, Sathuvachari, Vellore, to permit him to remove "Morambu" and "Sand" from the above said patta land. As the representation has not been disposed, he has filed this Writ Petition for a Mandamus to direct the Assistant Director, Mines & Minerals, Collectorate, Sathuvachari, Vellore, to permit him to remove the above said minerals, from his patta land. Heard the learned counsel for the petitioner and perused the materials available on record.

(2.) BEFORE adverting to the case of the petitioner, it is useful to refer to certain definitions pertaining to the present case. As per Section 3 of the Mines and Minerals (Development & Regulation) Act, 1957 -

(3.) IN exercise of the powers conferred by Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957 (Central Act LXVII of 1957) [now, the Mines and Minerals (Development and Regulation) Act, 1957], and in supersession of the Tamil Nadu Minor Mineral Concession Rules, 1956, published at pages 371 387 of Part I Rules Supplement to the Tamil Nadu Government Gazette, dated the 1st August, 1956, the Government of Tamil Nadu framed rules (G.O. No. 3757 Industries, Labour and Co -operation, dated the 24th September, 1959). Though the rules have come into effect from the said date, the petitioner is stated to have made a representation to remove "Morambu" and "sand" from his patta land, for commercial purpose.