S.S. ENTERPRISES Vs. DISTRICT COLLECTOR, ERODE

JUDGEMENT

(1.) The respondent No.1 in WA.Nos.757,758 and 1326 of 2011 has filed the instant review petition against the judgment dated 05.12.2019. The Writ Appeal was filed by the District Collector, Erode District, challenging the common order dated 05.11.2010, made in WP.Nos.15949 of 2010 and 18193 of 2010.

(2.) The review petitioner is the lessee. The review petitioner was granted a granite quarry lease in respect of patta lands comprised in S.F.Nos.1075/1B, 1076/1A and 1079/3A, measuring to an extent of 5.07.35 Hectares situated in Barugur village, Bhavani Taluk, Erode District. The lease agreement was entered into for a period of ten years from 15.06.1998 to 14.06.2008. Admittedly, the review petitioner entered into an agreement with one R.Panneer Selvam.

(3.) The petitioner applied for renewal of the lease. Pending renewal, the review petitioner filed WP.No.23319 of 2008, for restraining the Collector, Erode from interfering with the quarry operations conducted by the Review petitioner till the fate of the petitioner's renewal application is decided. By an order dated 25.09.2008, this Court granted an ex-parte stay restraining the respondents from interfering with the mining operations and permitted the review petitioner to continue with the quarry Pending writ petition, a show-cause notice was issued to the review petitioner as to why the lease granted should not cancelled and penalty be imposed for breach of the lease conditions. By an order dated 11.07.2010, the quarry lease was cancelled and penalty was imposed on the review petitioner under Rule 36A(5) of the Tamil Nadu Minor Mineral Concession Rules, 1959. Against the order imposing penalty, WP.No.18193 of 2010 was filed.