THE GOVERNMENT OF TAMIL NADU REP. BY ITS COMMISSIONER AND SECRETARY INDUSTRIES DEPARTMENT, Vs. MANOHARA BAUXITE MINES REP. BY ITS POWERHOLDER T. BALAKRISHNAN AND THE GOVERNMENT OF INDIA REP. BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF MINES, MINISTRY OF STEEL AND MINES

JUDGEMENT

(1.) THE appellants are the respondents 2 to 4 in W.P . No. 14621 of 1998 (hereinafter referred to as "respondents 2 to 4"), filed by the first respondent herein (hereinafter referred to as the "writ petitioner") to quash the order of the first respondent made in G.O.(D) No. 264, Industries (MMD2) Department, dated 23.9.1997, refusing to renew the mining license to the petitioner to quarry Bauxite for a further period of twenty years in their patta land of a extent of 10 acres situated in Survey No. 936/413/3 of Kotagiri Village, Kotagiri Taluk, the Nilgiris District.

(2.) UNDER similar facts and circumstances, a Division Bench of this Court, by judgment dated 16.9.1999 made in W.A . No. 44 of 1995 directed the Government to consider the application for renewal, of course after imposing such conditions as may be necessary to subserve the interest of geology and ecology in the area, as the impugned patta lands are located in the hill area.

(3.) MR . D.Krishnakumar, learned Special Government Pleader appearing for the respondents 2 to 4 contends that the direction of the learned Single Judge could not be complied with automatically, without a due clearance of the Tamil Nadu Hill Areas Conservation Authority constituted by the Government under the provisions of the Tamil Nadu Town and Country Planning Act vide G.O.Ms . No. 44, Planning and Development (TC IT) Department, dated 2.4.1990; and without following the instructions issued vide the letter of the Secretary to Government, Industries Department dated 2.11.2001 and that of the Director of Geology and Mining dated 16.11.2004.