S SELVAARAJAN Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) The prayer in the writ petition is to quash the order dated 16.4.2010 giving direction to the petitioner to remit a sum of Rs. 63,65,700/- towards seigniorage fee, fine and value of the sand measuring 6430 lorry loads.

(2.) The petitioner was granted lease in respect of sand quarry in Government poromboke land in S. No. 291 and 4 O.A.E measuring to an extent of 10.00.0 hectares in Kanakavallipuram, Tiruvallur Taluk and District. The lease was granted by the District Collector by order dated 10.10.2000 for a period of one year from 15.10.2000 to 14.10.2001. According to the petitioner, in spite of the grant of lease, he was not allowed to do quarrying operations from 7.4.2001, by not issuing transport permits. The petitioner filed W.P. No. 10989 of 2001 and this Court by order dated 15.6.2001 directed the authorities to issue transport permit and thereafter transport permit was issued from 7.4.2001 to 23.6.2001. Petitioner's lease was suspended by order dated 16.7.2001, which was also challenged before this Court in W.P. No. 13174 of 2001 and this Court granted interim stay on 17.7.2001. The petitioner was permitted to quarry from 21.8.2001 till the expiry of the lease i.e., upto 14.10.2001.

(3.) Petitioner having been prevented from quarrying for 111 days in toto, approached this Court by filing W.P. No. 18629 of 2001 and pursuant to the order passed by this Court dated 18.4.2002 petitioner was permitted to quarry for the 111 days by paying 40% over and above the lease amount. The District Collector by his proceedings dated 21.6.203 directed the petitioner to pay Rs. 28,63,520/- towards 40% enhanced lease amount, which was also paid by the petitioner.