MARUTHI GEM EXPORTS Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE petitioner applied for grant of mining lease in respect of Survey Field Nos.276/5, 285/8, 309/1 at Periyasooragai Village, Mettur Taluk, Salem District to an extent of 1.39.5 Hectares, for a period of 20 years, on 06.04.1998.

(2.) EARLIER , the Government passed G.O.(D)No.87, Industries Department, dated 26.04.2004 rejecting the request of the petitioner for grant of Mining Lease in respect of S.F.Nos.276/5, 285/8, 309/1 since those lands are classified as Path poramboke. In paragraph 2 of the said Government Order, it has been observed as follows:

(3.) THEREAFTER , the Deputy Director, Department of Mining and Geology, Salem, the second respondent herein passed the impugned order dated 25.09.2008 stating that already the Government had passed G.O.(D) No.87 dated 26.04.2004 rejecting the request of the petitioner and therefore, the request of the petitioner to grant lease cannot be considered.