J JOSHUVA Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) The writ petition is directed against the order of the Respondent dated 30.5.2002, by which the Respondent has issued a show cause notice proposing to impose seignior age charges, apart from penalty, to the tune of Rs. 14,38,800/-, on the basis that the Petitioner has quarried stones in the place other than the place where lease was granted.

(2.) 1. The Petitioner was granted renewal of lease to quarry stones (Kundukkal and Jelly) by proceedings of the Collector dated 18.5.1994 in the poromboke land bearing S.F. No. 315, in an extent of 2 Acres in Madathupatti Village, Sankarankoil Taluk, and Tirunelveli District for a period of five years from 1.7.1994 to 30.6.1999. The lease deed was executed on 11.7.1994 and the lease period expired on 30.6.1999 and thereafter, the lease has been given to third parties.

(3.) 1. In the counter affidavit of the Respondent, it is stated that the impugned show cause notice cannot be challenged by the Petitioner and since a final order has not been passed, the Petitioner has to only give his reply and at this stage filing of the writ petition is premature and as on date, the Petitioner has no grievance.