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Case Law Details

Case Name : Dalmia Refractories Limited Vs State of Tamil Nadu (Madras High Court)
Appeal Number : WP No. 36418 of 2016
Date of Judgement/Order : 11/01/2022
Related Assessment Year :
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Dalmia Refractories Limited Vs State of Tamil Nadu (Madras High Court)

HC held that When large scale State Revenues are involved, more specifically, in mining operations, wherever writ petitions are entertained, the State must ensure that counter-affidavits and vacate stay petitions are filed immediately and the matter is taken up for hearing as expeditiously as possible by the High Court for early disposal as Nation’s interest and Public Revenue is the consideration to be shown by all concerned, including the High Court.

There is a Grouping Section, which is functioning in the High Court. The said Section must be utilised for collecting large scale revenue involved cases now pending before the High Court for many years and the Registry must place all those cases before the Hon’ble The Chief Justice for speedy disposal. Considering the fact that large scale State Revenues are in stake and many persons are taking undue advantage of the pendency of the writ petitions for unjust gains, which can never be tolerated and allowed by the Courts. Thus, the Registrar General of the Madras High Court is directed to issue appropriate instructions to the Registry to collect all those writ petitions, where large scale State and Central Revenues are involved and list those matters, without causing any undue delay by obtaining necessary orders from the Hon’ble The Chief Justice, if necessary by constituting Special Benches for speedy disposal of those cases.

FULL TEXT OF THE JUDGMENT/ORDER OF MADRAS HIGH COURT

The relief sought for in the present writ petition is to direct the first and third respondents to grant necessary transport permits in favour of the petitioner for mining and transporting mined minerals in terms of the mining lease granted vide G.O.No.3(D) No.23 dated 22.02.1999 and G.O.3(D) No.67 dated 01.06.1998 in respect of lands situated at Therani Village, Kunnam Taluk, Perambalur District to its factory at Dalmiapuram, Trichy District in respect of the petitioner’s mining lease areas.

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