Case Note & Summary
The petitioner, Galaxy Enterprises, a proprietary concern represented by its proprietor S.R.Kumar, had been granted a lease for quarrying granite in S.F.No.381/3, Ayyapedu Village, Arakonam Taluk, Ranipet District, which expired on 21.09.2000. The petitioner submitted a renewal application on 03.12.2001 seeking renewal for 20 years, but the application was not considered. Consequently, the petitioner filed W.P.No.2563 of 2021 before the Madras High Court seeking a direction to the 1st respondent (Government of Tamil Nadu) to consider the renewal application. The court disposed of that writ petition directing the 1st respondent to consider the application and pass final orders on merits. Thereafter, the 1st respondent issued an enquiry notice on 17.05.2021 and conducted a personal hearing on 17.08.2021, which was presided over by one N.Muruganandam, the then incumbent of the 1st respondent's office. However, the impugned order rejecting the renewal application was passed by a successor officer on 12.10.2023, without affording the petitioner a fresh hearing. The petitioner challenged this order in the present writ petition under Article 226 of the Constitution, seeking a writ of certiorarified mandamus to quash G.O. (D) No.17 dated 12.10.2023 and to direct the 1st respondent to grant renewal. The petitioner argued that the order was passed in violation of natural justice principles as the successor officer did not hear the petitioner personally. The respondents were represented by the Additional Advocate General. The court, relying on the Division Bench judgment in Kamachi Sponge and Power Corporation Limited vs. District Collector reported in (2019) 3 MLJ 62, held that the impugned order was vitiated due to violation of natural justice. The court quashed the order and directed the 1st respondent to consider the petitioner's renewal application afresh, after giving a reasonable opportunity of hearing including a personal hearing, and pass orders within eight weeks.
Headnote
A) Administrative Law - Natural Justice - Personal Hearing by Successor Officer - The principle that a successor officer who did not conduct the personal hearing must afford a fresh hearing before passing an adverse order is well-established. The impugned order rejecting renewal of quarry lease was set aside as it was passed by a successor officer without hearing the petitioner, violating natural justice. (Paras 4-6) B) Mining Law - Renewal of Quarry Lease - Consideration of Application - The court directed the 1st respondent to consider the petitioner's renewal application afresh after giving a reasonable opportunity of hearing, including a personal hearing, and pass orders within eight weeks. (Para 6)
Issue of Consideration
Whether the impugned order rejecting the petitioner's renewal application for granite quarry lease is vitiated by violation of principles of natural justice as the personal hearing was conducted by one officer but the order was passed by his successor without affording a fresh hearing.
Final Decision
The impugned order in G.O. (D) No.17, Natural Resources (MMB.1) Department, dated 12.10.2023 is quashed. The 1st respondent is directed to consider the petitioner's renewal application dated 03.12.2001 afresh, after giving a reasonable opportunity of hearing including a personal hearing, and pass orders within a period of eight weeks from the date of receipt of a copy of this order.
Law Points
- Natural justice
- personal hearing by successor officer
- violation of principles of natural justice
- renewal of mining lease
- writ of certiorarified mandamus
