K M KAMALA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) WHETHER determination of mining lease is valid and in accordance with the Rules is the point falling for consideration in the Writ Appeal.

(2.) ORDER of District Collector, Salem District directing the Appellant to pay Rs.1,85,17,400/- towards cost of mineral excavated during the period from 21.07.1998 to 11.04.2000 and to sell the stock of 1564 M.Ts. of Magnesite in public auction is the subject matter arising for determination in the Writ Petitions.

(3.) FOR appreciating the contentious issues, it is necessary to refer the factual matrix of the case and various rounds of litigations:Ramappa was granted a mining lease to mine Magnesite over an extent of 78.32 acres of Government lands in S.No.57 of Alagapurampudur S.Nos.1/1, 1/2, 4/1, 5/1 of Mitta Ayyamperumampatty and S.No.76/2B of Kondappanaickenpatty village, Salem Taluk for a period of 20 years in G.O.Ms. No.3498, Industries Dept. dated 08.10.1955. The said mining lease was transferred to Munusamy Chetty vide G.O.Ms.No.494, Industries Dept. dated 27.02.1971 and the lease was to expire on 05.02.1976. In May, 1975, lessee Munusamy Chetty has filed an Application for renewal of lease period and another Application for transfer of the above lease hold area in favour of M/s. Belpahar Refractories Limited, Orissa. Both the Applications were rejected by the Government of Tamil Nadu on the reasons that lessee had violated the mining lease conditions.