Madras High Court
Sri Garuda Granites vs The Government Of Tamil Nadu on 4 November, 2025
Author: M. Dhandapani
Bench: M.Dhandapani
W.P. No.35616 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.11.2025
CORAM:
THE HON'BLE MR. JUSTICE M.DHANDAPANI
W.P. No.35616 of 2023
and W.M.P.No.35554 of 2023
Sri Garuda Granites,
Rep. by its Partner S.Kokila,
No.321/7A2, Melmalayanur Road,
Valathy Villlage,
Melmalayanur Taluk,
Villupuram District, Pin – 604 208. ... Petitioner
vs.
1. The Government of Tamil Nadu,
Rep. by its Secretary to Government,
Industries Department,
Fort St.George, Chennai – 600 009.
2. The Director of Geology and Mining,
Department of Geology and Mining,
Guindy, Chennai – 600 032.
3. The District Collector,
Villupuram District, Villupuram.
4. The Assistant Director of Geology and Mining,
Department of Geology and Mining,
Villupuram District, Villupuram.
… Respondents
1/6
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W.P. No.35616 of 2023
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue Writ of Certiorari, to call for the impugned Memorandum of
the 3rd respondent bearing Ref.Na.Ka.No.A/G&M/297/2019-48 dated
15.05.2023 with reference to the granite quarry in Patta land over an extent of
1.15.0 Hectares in S.F.Nos.312/1C, 312/5, 312/6 and 312/7 in Valathy Village
(formerly Gingee Taluk), Melmalayanur Taluk, Villupuram District and quash
the same.
For Petitioner : Mr.V.Sanjeevi
For Respondents : Mr.Stalin Abimanyu
Additional Government Pleader
for R1 to R4
ORDER
This writ petition has been filed challenging the impugned memorandum passed by the third respondent dated 15.05.2023.
2. The case of the petitioner is that he was granted quarry lease for quarrying black granite from the patta lands measuring an extent of 1.15.0 Hectares in S.F Nos.312/1C, 312/5, 312/6 and 312/7 in Valathy Village, (formerly Gingee Taluk), Melmalayanur Taluk, Villupuram District, for a period of 20 years commencing from 18.08.2008 to 17.08.2028. However, it is alleged that the petitioner had transported the quantity exceed the EC quantity and therefore, the 3rd respondent imposed a 100% cost penalty to the tune of 2/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 07:03:46 pm ) W.P. No.35616 of 2023 Rs.6,62,01,704/- as if the petitioner transported exceed EC quantity of 3147.516 CBM. Challenging the same, the present writ petition has been filed.
3. However, the learned counsel for the petitioner would submit that the present writ petition is filed solely on the ground that, without issuing any show-cause to the petitioner, the impugned order was passed. Hence, the impugned order is in clear violation of principles of natural justice.
4. The learned Additional Government Pleader appearing for the respondents 1 to 4 fairly conceded that before passing the impugned order, no show-cause notice was issued and no enquiry was conducted. Hence, for the limited purpose, this Court may set aside the impugned order and remit the matter back to the 3rd respondent for fresh consideration, by fixing a limit time within which an appropriate order shall be passed, after affording an opportunity of hearing to the petitioner.
5. Heard the learned counsel on either side and perused the records.
6. This Court has also perused the impugned order. On a perusal of the impugned order dated 15.05.2023, it is evident that no show-cause notice was issued and no proof has been produced to establish that any enquiry was conducted before passing the impugned order. 3/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 07:03:46 pm ) W.P. No.35616 of 2023
7. In view of the fair submission made by the Additional Government Pleader, and without expressing any opinion on the merits of the case, this Court is inclined to set aside the impugned order dated 15.05.2023 passed by the 3rd respondent on the ground of violation of principles of natural justice. The matter is remanded back to the 3rd respondent, and he is directed to furnish the necessary particulars to the petitioner and conclude the entire proceedings within a period of four (4) months from the date of receipt of a copy of this order.
8. With the above directions, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
04.11.2025 (6/6) Index:Yes/No Speaking/Non-speaking order Neutral Citation : Yes/No uma 4/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 07:03:46 pm ) W.P. No.35616 of 2023 To
1. The Secretary to Government, Government of Tamil Nadu, Industries Department, Fort St.George, Chennai – 600 009.
2. The Director of Geology and Mining, Department of Geology and Mining, Guindy, Chennai – 600 032.
3. The District Collector, Villupuram District, Villupuram.
4. The Assistant Director of Geology and Mining, Department of Geology and Mining, Villupuram District, Villupuram.
5/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 07:03:46 pm ) W.P. No.35616 of 2023 M. DHANDAPANI, J.
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