STATE OF TAMIL NADU Vs. T R MOHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 21.03.2007 passed in W.P.No.1951 of 2007, whereby the learned single Judge allowed the writ petition and directed the appellants/State Government to execute lease agreement for the period of 6 months on deposit of proportionate lease amount in respect of the sand quarry measuring 10.00.0 Hectares comprised in Survey No.643 situated in Oruwandhur Village, Namakkal Taluk, Namakkal District in the light of the order of the Supreme Court passed in C.A.No.5572 of 2005 dated 24.03.2006.

(2.) THE respondent/writ petitioner sought the aforesaid relief on the basis of the facts briefly stated herein below. THE respondent's case is that he participated in the tender-cum-auction conducted by the District Collector, Namakkal District in respect of sand quarry measuring 10.00.0 Hectares comprised in S.F.No.147/1 situated in Devarayasamudram Village, Paramathi-Velur Taluk, Namakkal District, and was declared as a successful bidder for the period from 01.11.1996 to 31.03.1999. It is alleged that by proceedings dated 22.11.1996 the District Collector, Namakkal granted mining lease in favour of the respondent for the aforesaid period. Since, there was a delay in confirmation, the respondent alleged to have requested the appellants to exclude the delayed period for which the 2nd respondent District Collector declined to do so. THE respondent, thereafter, filed a writ petition being W.P.No.70 of 1997 before this Court, which was allowed on 28.02.1997 directing the 2nd respondent District Collector to exclude the period till December, 1996, and to execute the lease deed for a period of five months from 01.03.1997, and to collect the proportionate lease amount. THE said order was subsequently modified to collect proportionate lease amount and to execute lease deed for two years i.e., from 01.03.1997 to 31.03.1999. THE respondent's case is that he again moved this Court by filing writ petition being W.P.No.33863 of 2002 for an alternate area for the reason that by virtue of the subsequent amendment in the rule the area in question was declared as prohibitory safety area and sand quarry lease could not be granted because of a bridge and tank within the prohibitory distance. THE said writ petition was disposed of with a direction to grant an alternative area of equivalent sand quarry in Oruwandhur Village, Namakkal District. Against the said order the appellants preferred an appeal being W.A.No.3576 of 2002, which was dismissed, and finally, the appellants moved Supreme Court by filing S.L.P.Nos.5728-5729 of 2003, which were also dismissed on 14.07.2003.

(3.) AS noticed above in the writ petition, which is the subject matter of this appeal, the writ petitioner sought a direction for consideration of his case for grant of lease as per the observations made by the Supreme Court in paragraph-36 of the judgment in P.Krishnamurthy's case (supra). In the case before the Supreme Court, the Rule namely, Rule 38-A of the Tamil Nadu Minor Mineral Concession Rules, 1959 was challenged. The Rule prohibited quarrying of sand by private persons both in the patta lands as well as in the Government lands. While upholding the said Rule, their Lordships of the Supreme Court made the following observations and directions in paragraph-36 of the judgment: - (page 537)