Y SWAMIDOSS Vs. DISTRICT COLLECTOR KANYAKUMARI DISTRICT

JUDGEMENT

(1.) THIS writ petition has been filed praying to direct the respondent herein to extend the period of lease for a further period of five years in Survey No.230 of Thamaraikulam Village, Agastheeswaram Taluk, admeasuring 2.23.5 hectares as per Rule 8 (8) of the Tamil Nadu Minor Mineral Concession Rules.

(2.) THE petitioner was granted a jelly quarry lease by the respondent for a period of five years with effect from 6/4/1998 and the lease had expired on 5/4/2003. On the date of handing over of the site, the quarry site was a vergin quarry and it was not subject to any quarry before 1998. THE Government of Tamil Nadu introduced Rule 8 (8) under the Tamil Nadu Minor Mineral Concession Rules with effect from 17/11/2000. When the said Rule came into operation, the quarry was in existence and hence he is entitled to have the benefit of quarry for a period of ten years in the said survey number.

(3.) IN the counter filed by the respondent, it has been stated that the petitioner had offered a bid amount of Rs.65,000/- as one time lease amount and he was the successful bidder. The bid was accepted and the lease deed was executed by the bidder with the District Collector on 6/4/1998 and the lease period expired on 5/4/2003. Previously, the petitioner had been granted lease to quarrying stone and jelly in the same area of Thamaraikulam Village for a period of three years vide District Collector proceedings No.198/G & M/93 dated 7/5/1994. The lease period was started from 1/5/1994 to 30/4/1997. On a perusal of Jamabhandhi Account No.24, it is proved that the same quarry was leased out to the writ petitioner and this fact has been suppressed before this Court. Hence, the subject quarry is not a virgin quarry and the amended Rule 8 (8) of Tamil Nadu Minor Mineral Concession Rules, 1959 is not applicable to the writ petitioner's case.