GOVT OF TAMIL NADU Vs. MANOHARA BAUXITE 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.) FOLLOWING the said judgment dated 16. 9. 1999 made in W. A. No. 44 of 1995, the learned Single judge, by order dated 11. 9. 2000 quashed the order of the second respondent in G. O. (D) No. 264, Industries (MMD2) Department, dated 23. 9. 1997 and allowed the writ petition observing that the respondents 2 to 4 are at liberty to impose such conditions as may be necessary to subserve the interest of geology and ecology in the area and directing the respondents 2 to 4 to pass appropriate orders on the application of the writ petitioner within a period of eight weeks from the date of receipt of the copy of the order dated 11. 9. 2000. Against the said order dated 11. 9. 2000 made in w. P. No. 14621 of 1998, the State has preferred the present writ appeal.