N TAMIL SELVI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) WRIT petitions No. 11277 and 11278 of 1998 were disposed off by this Court on 07. 08. 1996, in the absence of the counsel for the petitioners and upon hearing the learned Government Pleader, who submitted that the lease period granted in favour of the petitioners has already expired, the correctness of the G. O. (D) No. 181 Industries (MMB1) dated 16. 06. 1998 and G. O. (D) No. 193 Industries (MMB1) dated 22. 06. 1998 cancelling the lease granted in favour of the respective petitioners, was not gone into.

(2.) NOW, the petitioners have filed two miscellaneous petitions in WPMPs. Nos. 188589 and 18590 of 2006 seeking to set aside that order and restore the writ petitions to file and consider them on merits on the premise that even-though the period of lease is over, the correctness of the cancellation has to be decided on merits, as a show cause notice has been issued to the petitioner which is the subject matter of writ petition No. 11277 of 1998, consequent to the cancellation order, proposing to impose more than crores of rupees as penalty on the ground of illicit mining. Learned counsel also submits his explanation and excuse in the affidavit filed in support of the miscellaneous petitions, for his absence on the date when the writ petitions were disposed off.

(3.) HAVING regard to the fact that the order dated 07. 08. 2006 has not been passed on merits and its dismissal would definitely have a bearing on the other writ petition in WP. No. 12238 of 1998, which has been filed challenging the show cause notice by which it was proposed to levy huge penalty in crores of rupees, this Court is of the view that the order dated 07. 08. 2006 should be recalled and the matter has to be heard on merits and accordingly, the order dated 07. 08. 2006 is recalled and the writ petitions are restored to file.