N.C. CHITRALEKHA Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE order passed by the Regional Controller of Mines, Chennai, dated 27 July, 2012, suspending the mining operations is challenged by the irrevocable power of attorney holder of the legal representatives of original lessee in W.P. (MD) No. 2890 of 2013. Similarly, the order dated 02 September, 2013, suspending the mining operations on account of non -compliance of Rule 12(3) of Mineral Conservation and Development Rules, 1988, is challenged in W.P. (MD) No. 16350 of 2013.

(2.) THE petitioner is the joint power of attorney holder of N.C. Chitralekha, N.C. Imeshika and N.C. Sri Om, stated to be the legal representatives of the original lessee in whose favour mining lease was given by the Chief Controller of Mines. The mining operation was suspended by the statutory authority for non -compliance of Rule 45(5) of Mineral Conservation and Development Rules, 1988 [W.P. (MD) No. 2890 of 2013]. The statutory authority made it clear that the order would remain in force until it is revoked.

(3.) ACCORDING to the petitioner, notice was not issued to the power agent before suspending the lease and as such, action is bad in law. The petitioner has taken up another contention that the order dated 27 July, 2012 is liable to be revoked on account of the subsequent submission of accounts.