GEM GRANITES KARNATAKA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THESE Writ Petitions have been filed for issuance of a writ of certiorari, to call for the records of the first respondent bearing Lr.No,41993/MW2/2007-1, dated 20.06.2008 and Lr.No,40273/MW2/2007-1, dated 20.06.2008, quash the same and consequently direct the first respondent to consider and pass a speaking order on the petitioners' applications dated 10.07.2008, for re-conveyance of the lands.

(2.) THE facts and contentions of these cases have already been dealt with by this Court earlier in W.P.Nos.11426 and 11427 of 2007, which were filed for the very same relief as in these Writ Petitions. In spite of that, since both the Writ Petitions involve a common issue, let us have a recap of the case of the petitioner in W.P.No,9687 of 2009 as under :

(3.) ON receipt of the said representations, the first respondent, without even making a mention about the new fact brought forth by the petitioners, passed similar orders of rejection verbatim as that of the ones passed on 28.09.2006, which were impugned in the earlier Writ Petitions, and without making a reference to the observation made by the Division Bench in W.A.Nos.732 and 733 of 2007, giving no reasons. Let us have a look at the operative portions of the orders dated 28.09.2006 and 20.06.2008 one after the other as under: Impugned order in earlier W.P.No.11427 of 2007, dated 28.09.2006: