DISTRICT COLLECTOR Vs. M P RAM MOHAN RAJA

JUDGEMENT

(1.) THIS Writ Appeal has been filed by the appellant against the order of the learned single Judge, wherein the order passed by the first appellant directing the respondent to pay the lease amount after refusing to extent the period of lease, was set aside.

(2.) THE facts of the case in brief are that by the District Gazette (Extra-ordinary) No.29, dated 16.7.1991 bids were invited for the public auction on the scheduled dates to quarry stones in Survey No.683/1 of Singammalpuram village in Srivilliputhur Taluk to an extent of 2.32 acres and in Survey No.188 and 194 of Solaiseri village in Rajapalayam Taluk to an extent of 8 acres. In pursuance of the auction conducted on 16.7.1991, the respondent became the successful bidder and the auction was confirmed on 17.9.1991 in his favour.

(3.) THE learned single Judge has allowed the writ petition on the ground that the interim order obtained in W.P.14700 of 1991 did not prevent the appellants from executing the lease deed and in the absence of the lease deed, the demand cannot be sustained. It was further observed that the respondent has not quarried during the lease period and in view of the non-execution of the lease deed, the same has to be extended for another period of five years. Challenging the said order the present appeal has been filed.