A KUMAR Vs. DISTRICT COLLECTOR KANCHEEPURAM KANCHEEPURAM DISTRICT

JUDGEMENT

(1.) Since all these matters are inextricably interconnected with each other, they were heard together and are disposed of by this common order.

(2.) The petitioners are the successful bidders for quarrying rough stone for a period of five years in Survey No.234/2 of Thiruneermalai village, Kancheepuram District, from the date of execution of lease deeds. The details of quarry number, extent, lease period etc. in respect of the writ petitioners are tabulated hereunder for better understanding: <FRM>JUDGEMENT_791_MADLJ4_2010Html1.htm</FRM>

(3.) The case of the petitioners, in one voice, is that though the lease deeds were executed during February, 2003 (and in respect of W.P. No. 21852 of 2008 it during September, 2003), since they have to do preliminary works like cleaning the quarry and effect other such incidental developmental activities in the quarry, they could not commence the quarrying operations and in the process substantial time has elapsed. The petitioner's further case is that their quarries have been carved out from and out of the major extent of old quarry or earlier quarry and thus only a smaller portions, that is bits of portions of virgin quarry forming part of the larger extent of area in favour of the petitioners and the said area is fully a virgin area, having not been subjected to quarrying till the date of grant of lease to the petitioners; that the subject matter of the quarry has been sub-divided only in the year 2003 i.e. prior to the conduct of the public auction held on 8.1.2003 mainly for the purpose of granting more number of leases in the same survey number, by dividing number of quarries so as to get more revenue to the Government.