Madrasdated High Court · 2013

W.P.No.22782 of 2013 etc., batchM.P.No.1 of 2013 in W.P.No.22886 of 2013M.P.No.1 of 2013 in W.P.No.22887 of 2013andM.P.No.1 of 2013 in W.P.No.30805 of 2013Hi-Tech Rock Products & AggregatesLimited rep. By Shri B.Ramakrishnan,Director,P.O.Box No.979, Mount Poonamallee Road,Manapakkam, Chennai – 600 089... Petitioner in W.P.Nos.22782 to 22786 of 2013Larsen and Toubro Limitedrep. By its Authorised SignatoryMr.S.Shriraman,P.O. Box No.979, Mount Poonamallee Road,Chennai – 600 089... Petitioner in W.P.Nos.22864 to 22887 of 2013M/s.Transtonnelstroy Afcons J.V.Rep. by Mr.D.Murugadasan,Afcons House,16, Shah Industrial Estate,Veera Desai Road, Andheri (W),Mumbai – 400 053... Petitioner in W.P.No.30805 of 2013Vs.1.State of Tamil Nadu rep. By Additional Chief Secretary toGovt. of T.N., Industries (MMC2) Department, Fort St, George, Chennai – 600 009.Page Nos.2/18 https://www.mhc.tn.gov.in/judis W.P.No.22782 of 2013 etc., batch2.Principal Secretary to Government ofTamil Nadu, Industries (MMC2) Department, Fort St, George, Chennai – 600 009.3.The Collector, Vellore District, Vellore – 632 004. ... Respondents in W.P.Nos.22782 to 22786 and 22864 to 22887 of 20131.The State of Tamil Nadu rep. By its Additional Chief Secretary to Government, Industries (MMC2) Department, Fort St. George, Chennai – 600 009.2.The Principal Secretary to Govt. ofTamil Nadu, Industries (MMC2) Department, Fort St. George, Chennai – 600 009.3.The District Collector, Kancheepuram District, Kancheepuram.4.Chennai Metrorail Corporation Limited rep. By its Managing Director, “Harini Towers”, No.7, Conron Smith Road, Gopalapuram, Chennai – 600 086... Respondents in W.P.No.30805 of 2013Prayer in W.P.No.22782 of 2013:Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Declaration to declare Rule 7 (as amended) of the Tamil Nadu Minor Mineral Concession Rules, 1959 as being ultra vires S.15 of the Mines Page Nos.3/18 https://www.mhc.tn.gov.in/judis W.P.No.22782 of 2013 etc., batchand Minerals (Development and Regulation) Act, 1957 and violative of, among others Articles 14, 19 and 300-A of the Constitution of India and thereby as being null and void.Prayer in W.P.Nos.22783 of 2013:Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Declaration declaring G.O.(D) No.89 dated 02 July 2013 issued by the second respondent as being ultra vires Rule 7 of the Tamil Nadu Minor Mineral Concession Rules, 1959 and S.15 of the Mines and Minerals (Development and Regulation) Act, 1957 and violative of, among others Articles 14, 19 and 300-A of the Constitution of India and thereby as being null and void.Prayer in W.P.No.22784 of 2013:Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari to call for the records pertaining to the order cum demand notice of the third respondent bearing Rc.No.651/2013 (Mines) dated 24 July 2013 issued for a sum of Rs.8,72,68,500/- and quash the same.Prayer in W.P.No.22785 of 2013:Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari to call for the records pertaining to the order cum demand notice of the third respondent bearing Rc.No.651/2013 (Mines) dated 24 July 2013 issued for a sum of Rs.6,19,91,180/- and quash the same.Page Nos.4/18 https://www.mhc.tn.gov.in/judis W.P.No.22782 of 2013 etc., batchPrayer in W.P.No.22786 of 2013:Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari to call for the records pertaining to the order cum demand notice of the third respondent bearing Rc.No.651/2013 (Mines) dated 25 July 2013 issued for a sum of Rs.1,28,12,500/- and quash the same.Prayer in W.P.No.22864 of 2013:Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Declaration to declare Rule 7 (as amended) of the Tamil Nadu Minor Mineral Concession Rules, 1959 as being ultra vires S.15 of the Mines and Minerals (Development and Regulation) Act, 1957 and violative of, among others Articles 14, 19 and 300-A of the Constitution of India and thereby as being null and void.Prayer in W.P.Nos.22865 of 2013:Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Declaration declaring G.O.(D) No.89 dated 02 July 2013 issued by the second respondent as being ultra vires Rule 7 of the Tamil Nadu Minor Mineral Concession Rules, 1959 and S.15 of the Mines and Minerals (Development and Regulation) Act, 1957 and violative of, among others Articles 14, 19 and 300-A of the Constitution of India and thereby as being null and void.Prayer in W.P.No.22866 of 2013:Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Page Nos.5/18 https://www.mhc.tn.gov.in/judis W.P.No.22782 of 2013 etc., batchCertiorari to call for the records pertaining to the order cum demand notice of the third respondent bearing Rc.No.651/2013 (Mines) dated 17 July 2013 issued for a sum of Rs.32,40,000/- and quash the same.Prayer in W.P.No.22867 of 2013:Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari to call for the records pertaining to the order cum demand notice of the third respondent bearing Rc.No.651/2013 (Mines) dated 17 July 2013 issued for a sum of Rs.20,25,000/- and quash the same.Prayer in W.P.No.22868 of 2013:Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari to call for the records pertaining to the order cum demand notice of the third respondent bearing Rc.No.651/2013 (Mines) dated 17 July 2013 issued for a sum of Rs.36,45,000/- and quash the same.Prayer in W.P.No.22869 of 2013:Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari to call for the records pertaining to the order cum demand notice of the third respondent bearing Rc.No.651/2013 (Mines) dated 17 July 2013 issued for a sum of Rs.32,40,000/- and quash the same.Prayer in W.P.No.22870 of 2013:Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari to call for the records pertaining to the order cum demand notice of the third respondent bearing Rc.No.651/2013 (Mines) dated 18 July 2013 issued for a sum of Rs.29,64,600/- and quash the same.Page Nos.6/18 https://www.mhc.tn.gov.in/judis W.P.No.22782 of 2013 etc., batchPrayer in W.P.No.22871 of 2013:Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari to call for the records pertaining to the order cum demand notice of the third respondent bearing Rc.No.651/2013 (Mines) dated 18 July 2013 issued for a sum of Rs.40,50,000/- and quash the same.Prayer in W.P.No.22872 of 2013:Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari to call for the records pertaining to the order cum demand notice of the third respondent bearing Rc.No.651/2013 (Mines) dated 18 July 2013 issued for a sum of Rs.72,90,000/- and quash the same.Prayer in W.P.No.22873 of 2013:Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari to call for the records pertaining to the order cum demand notice of the third respondent bearing Rc.No.651/2013 (Mines) dated 19 July 2013 issued for a sum of Rs.33,43,680/- and quash the same.Prayer in W.P.No.22874 of 2013:Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari to call for the records pertaining to the order cum demand notice of the third respondent bearing Rc.No.651/2013 (Mines) dated 19 July 2013 issued for a sum of Rs.36,61,200/- and quash the same.Prayer in W.P.No.22875 of 2013:Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Page Nos.7/18 https://www.mhc.tn.gov.in/judis W.P.No.22782 of 2013 etc., batchCertiorari to call for the records pertaining to the order cum demand notice of the third respondent bearing Rc.No.651/2013 (Mines) dated 19 July 2013 issued for a sum of Rs.16,36,200/- and quash the same.Prayer in W.P.No.22876 of 2013:Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari to call for the records pertaining to the order cum demand notice of the third respondent bearing Rc.No.651/2013 (Mines) dated 19 July 2013 issued for a sum of Rs.20,25,000/- and quash the same.Prayer in W.P.No.22877 of 2013:Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari to call for the records pertaining to the order cum demand notice of the third respondent bearing Rc.No.651/2013 (Mines) dated 19 July 2013 issued for a sum of Rs.24,30,000/- and quash the same.Prayer in W.P.No.22878 of 2013:Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari to call for the records pertaining to the order cum demand notice of the third respondent bearing Rc.No.651/2013 (Mines) dated 22 July 2013 issued for a sum of Rs.9,72,000/- and quash the same.Prayer in W.P.No.22879 of 2013:Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari to call for the records pertaining to the order cum demand notice of the third respondent bearing Rc.No.651/2013 (Mines) dated 22 July 2013 issued for a sum of Rs.5,83,200/- and quash the same.Page Nos.8/18 https://www.mhc.tn.gov.in/judis W.P.No.22782 of 2013 etc., batchPrayer in W.P.No.22880 of 2013:Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari to call for the records pertaining to the order cum demand notice of the third respondent bearing Rc.No.651/2013 (Mines) dated 22 July 2013 issued for a sum of Rs.40,50,000/- and quash the same.Prayer in W.P.No.22881 of 2013:Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari to call for the records pertaining to the order cum demand notice of the third respondent bearing Rc.No.651/2013 (Mines) dated 24 July 2013 issued for a sum of Rs.33,19,380/- and quash the same.Prayer in W.P.No.22882 of 2013:Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari to call for the records pertaining to the order cum demand notice of the third respondent bearing Rc.No.651/2013 (Mines) dated 23 July 2013 issued for a sum of Rs.40,50,000/- and quash the same.Prayer in W.P.No.22883 of 2013:Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari to call for the records pertaining to the order cum demand notice of the third respondent bearing Rc.No.651/2013 (Mines) dated Nil July 2013 issued for a sum of Rs.24,30,000/- and quash the same.Prayer in W.P.No.22884 of 2013:Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Page Nos.9/18 https://www.mhc.tn.gov.in/judis W.P.No.22782 of 2013 etc., batchCertiorari to call for the records pertaining to the order cum demand notice of the third respondent bearing Rc.No.651/2013 (Mines) dated Nil July 2013 issued for a sum of Rs.40,09,500/- and quash the same.Prayer in W.P.No.22885 of 2013:Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari to call for the records pertaining to the order cum demand notice of the third respondent bearing Rc.No.651/2013 (Mines) dated Nil July 2013 issued for a sum of Rs.32,40,000/- and quash the same.Prayer in W.P.No.22886 of 2013:Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari to call for the records pertaining to the order cum demand notice of the third respondent bearing Rc.No.651/2013 (Mines) dated Nil July 2013 issued for a sum of Rs.72,90,000/- and quash the same.Prayer in W.P.No.22887 of 2013:Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari to call for the records pertaining to the order cum demand notice of the third respondent bearing Rc.No.651/2013 (Mines) dated Nil July 2013 issued for a sum of Rs.46,65,600/- and quash the same.Prayer in W.P.No.30805 of 2013:Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Declaration declaring that the amendment and substitution of Rule 7 of the Tamil Nadu Minor Mineral Concession Rules, 1959 by G.O.Ms.No.168, Industries (MMC-2) dated 18.09.2012 is ultra vires of Page Nos.10/18 https://www.mhc.tn.gov.in/judis W.P.No.22782 of 2013 etc., batchSection 15 of the Mines and Minerals (Development and Regulation) Act, 1957 and violative of Articles 14, 19 and 300-A of the Constitution of India.For Petitioner : Mr.Satish Parasaran,Senior Counsel for Mr.P.R.Renganathin W.P.Nos.22782 to 22786 and 22864 to 22887 of 2013 Mr.D.Balaramanin W.P.No.30805 of 2013For Respondents:Mr.P.S.Raman,Advocate Generalassisted byMr.E.Vijay Anand,Additional Government Pleaderfor R1 to R3 in all WPsMr.Kishore Balasubramanianfor R4 in W.P.No.30805 of 2013COMMON ORDER[Order of the Court was made by M.SUNDAR, J.,]Mr.P.S.Raman, learned Advocate General of State of Tamil Nadu for respondents and Mr.Satish Parasaran, learned senior counsel instructed by Mr.P.R.Renganath, learned counsel on record for writ petitioners in W.P.Nos.22782 to 22786 and 22864 to 22887 of 2013 are before us in physical Court. Mr.D.Balaraman, learned counsel on Page Nos.11/18 https://www.mhc.tn.gov.in/judis W.P.No.22782 of 2013 etc., batchrecord for writ petitioner in one of the captioned 'Writ Petitions' (hereinafter 'WPs' for the sake of brevity) viz., W.P.No.30805 of 2013 is before us on VC (Video Conferencing) platform. Likewise, Mr.Kishore Balasubramanian, learned counsel for R4 in the same writ petition (W.P.No.30805 of 2013) is also before us on VC (Video Conferencing) platform. To be noted, this is a hybrid hearing, which is a regular/routine/daily feature in this Court.2. Learned Advocate General, learned senior counsel Mr.Satish Parasaran and Mr.D.Balaraman, learned counsel make submissions in unison in one voice and the common submissions broadly are as follows:2.1 There are two writ petitioners viz., Hi-Tech Rock Products & Aggregates Limited and Larsen and Toubro Limited in the captioned matters. To be noted Transtonnelstroy Afcons J.V. is the writ petitioner in W.P. No.30805 of 2013;2.2 Captioned WPs fall in three categories. Category I is WPs which seek declaration qua Rule 7 of the 'Tamil Nadu Minor Mineral Page Nos.12/18 https://www.mhc.tn.gov.in/judis W.P.No.22782 of 2013 etc., batchConcession Rules, 1959' (hereinafter 'said Rules' for the sake of convenience and clarity) as regards cost of mineral and these WPs are as follows:Sl.No.W.P.No.122782 of 2013222864 of 2013330805 of 20132.3 II category of WPs is those which assail G.O.(D) No.89 dated 02.07.2013 and those WPs are as follows:Sl.No.W.P.No.122783 of 2013222865 of 20132.4 III category of WPs is those which assail individual demands on the writ petitioner qua cost of mineral and those WPs are as follows:Sl.No.W.P.No.122784 of 2013222785 of 2013Page Nos.13/18 https://www.mhc.tn.gov.in/judis W.P.No.22782 of 2013 etc., batchSl.No.W.P.No.322786 of 2013422866 of 2013522867 of 2013622868 of 2013722869 of 2013822870 of 2013922871 of 20131022872 of 20131122873 of 20131222874 of 20131322875 of 20131422876 of 20131522877 of 20131622878 of 20131722879 of 20131822880 of 20131922881 of 20132022882 of 20132122883 of 20132222884 of 20132322885 of 20132422886 of 20132522887 of 20132.5 As regards categories I and II, on instructions, Mr.Satish Parasaran, learned senior counsel for writ petitioners in W.P.Nos.22782 to 22786 and 22864 to 22887 of 2013 and Mr.D.Balaraman, learned Page Nos.14/18 https://www.mhc.tn.gov.in/judis W.P.No.22782 of 2013 etc., batchcounsel for writ petitioner in W.P. No.30805 of 2013 submit that all the WPs are not pressed and the same may be closed as withdrawn but they make a plea to preserve all the rights and contentions of writ petitioners and/or any other similarly placed person/s to assail the same or similar provision if there is/are change of circumstances. This request is acceded to.3. In the light of the above submissions, Category I WPs (W.P.Nos.22782, 22864 and 30805 of 2013) and Category II WPs (W.P.Nos.22783 and 22865 of 2013) are disposed of as withdrawn/closed albeit with preservation of rights of the writ petitioners and/or similarly placed person/s in the aforesaid manner. There shall be no order as to costs.4. As regards Category III, it is submitted that the impugned amendment has been given retrospectivity and the reckoning anterior date is 01.04.2012 (though the impugned Government Order is dated 02.07.2013). Learned Advocate General makes a submission at the bar that all demands made for the period from 01.04.2012 to 31.03.2013 qua cost of mineral as regards the writ petitioners stand Page Nos.15/18 https://www.mhc.tn.gov.in/judis W.P.No.22782 of 2013 etc., batchwithdrawn. This submission made by the learned first law officer is recorded and made part of this order.5. As regards the payment on and from 01.04.2013, writ petitioners submit that they are withdrawing their challenge and they also add that the payments have been made in full. This submission that the payments on and from 01.04.2013 have been made in full by the writ petitioners before this Court, is confirmed (on instructions) by the learned Advocate General. This means that full satisfaction as regards payments for the period from 01.04.2013 qua writ petitioners is recorded.6. Captioned WPs are disposed of in the aforesaid manner vide the instant common consent order. Consequently, captioned Miscellaneous Petitions (MPs) thereat stand closed. There shall be no order as to costs. (M.S.,J.) (K.G.T.,J.) 03.04.2025Index : Yes / NoNeutral Citation : Yes/No mmiPage Nos.16/18 https://www.mhc.tn.gov.in/judis W.P.No.22782 of 2013 etc., batchTo1.The Additional Chief Secretary toGovt. of Tamil Nadu, Industries (MMC2) Department, Fort St, George, Chennai – 600 009.2.The Principal Secretary to Government ofTamil Nadu, Industries (MMC2) Department, Fort St, George, Chennai – 600 009.3.The Collector, Vellore District, Vellore – 632 004.4.The District Collector, Kancheepuram District, Kancheepuram.4.The Managing Director, Chennai Metrorail Corporation Limited, “Harini Towers”, No.7, Conron Smith Road, Gopalapuram, Chennai – 600 086.Page Nos.17/18 https://www.mhc.tn.gov.in/judis W.P.No.22782 of 2013 etc., batchM.SUNDAR, J.,andK.GOVINDARAJAN THILAKAVADI, J.,mmi W.P.No.22782 of 2013 etc.,03.04.2025Page Nos.18/18