K MURALI Vs. DISTRICT COLLECTOR THIRUVALLUR DISTRICT

JUDGEMENT

(1.) THE prayer of the petitioner is for a direction directing the respondents to grant further period of 3 months to the petitioner to quarry entire 3000 lorry load of savudu in P.W.D. Lake comprised in S. No: 107/1, Padur Village, Poonamallee Taluk, Tiruvallur District and issue necessary bulk transport permit and facsimiled despatch slips by revalidating the unused transport permits and despatch slip.

(2.) HEARD Mr. M. Muthappan learned counsel appearing for the petitioner and Ms. V.M. Velumani learned Special Government Pleader appearing for the respondents.

(3.) THE respondents have filed their counter and stated that the writ petitioner has been granted permission to quarry 3000 lorry loads of savudu from S.No.107/1 P.W.D tank of Padur Village of Poonamallee taluk, under Rule 12 of Tamil Nadu Minor Mineral Concession Rules, 1959, on payment of necessary seigniorage fee for a period of one month from 3.3.2008 to 2.4.2008 as per the Senior District Collector's Proceedings Rc.No.811/2006/G&M-2, Dt. 3.3.2008. That complaints were received stated that the petitioner had indulged in illicit quarrying. THE Tahsildar, Poonamallee in his letter Rc.No.2314/2008/A1 dt. 15.3.2008 had reported that the petitioner had indulged in illicit quarrying in S.No.90/1A of Padur Village registered as Grazing Ground Poramboke in the Village Accounts and as such the Tahsildar had recommended for suitable action to be initiated against the petitioner. However, the petitioner in his letter dt. 12.3.2008, received on 14.3.2008 had stated that due to rains on 11.3.2008, he could not operate the quarry. A show cause notice was issued on 19.3.2008 directing the petitioner to offer his reply / explanation within 7 days from the date of receipt of the show cause notice, as to why the lease granted to him should not be cancelled as per Rule 36(5) (h) of Tamil Nadu Minor Mineral Concession Rules, 1959 for the above illicit quarrying indulged by him. But, the individual had requested for the grant of extension of time to quarry 3000 lorry loads in his letter dt. 18.3.2008 which was received in the office of the respondents on 19.3.2008 (i.e) the date on which the Show cause notice was issued to him. As the lease period granted was upto 2.4.2008, the question of issuing despatch slips without clearing the above issue does not arise.