S VAIRAVAN Vs. DISTRICT COLLECTOR SIVAGANGAI DISTRICT

JUDGEMENT

(1.) THE petitioner has filed the present writ petition seeking to challenge an order dated 28.10.2008 passed by the respondent in respect of the quarry to an extent of 9.8.75 hectares in S.No.264 in South Velangudi Village, Thiruppathur Taluk, Sivagangai District and seeks to set aside the same.

(2.) WHEN the writ petition came up on 16.4.2009, this court found that the impugned order was passed without jurisdiction and particularly it is in conflict with Section 4-A(2) of the Mines and Minerals (Development and Regulation) Act, 1957 and that no opportunity was given and hence the termination was illegal. Since the mines activities had taken place for a number of years and as the entire lease amount has been deposited, the District Collector was directed to execute the lease deed as per the provisions of the Tamil Nadu Minor Mineral Concession Rules, 1959. Aggrieved by the interim direction granted by this court, the District Collector has filed a vacate stay application in M.P.(MD)No.1 of 2010 together with supporting counter affidavit, dated 29.7.2010. Even at the time of first notice, a regular counter affidavit, dated Nil (April, 2009) was also filed together with supporting documents in the form of typed set.

(3.) CHALLENGING the same, the petitioner contended that the quarrying site has been classified as Government poramboke. It is neither a tank poramboke nor labeled as catchment area. Since the land in S.No.264 was given for lease in the previous years for more than 20 years. Hence the land cannot be said as a tank poramboke. Further, auction was conducted in June, 2007. If it was really a prohibited area, there was no need for the respondent to bring the site for auction.