C MUTHUKRISHNAN Vs. DISTRICT COLLECTOR TIRUNELVELI DISTRICT

JUDGEMENT

(1.) In all these writ appeals and writ petitions, the issue relates to the right to quarry stone for a period of 10 years, if it is a virgin quarry, as per Rule 8(8) of the Tamil Nadu Minor Minerals Concession Rules (hereinafter referred to as "the Rules"). The above said rule, which was incorporated, by way of amendment, with effect from 17.11.2000 as per G.O. Ms. No. 391, Industries Department, dated 17.11.2000, reads as follows:

(2.) In all these cases, it is stated that the parties concerned were awarded lease for quarrying stone, after the amendment came into existence, based on the tenders called for by the respective District Collectors for a period of five years. The appellants/petitioners, based on such notifications mentioning the lease period as five years, had participated in the tender process and they were granted licences for a period of five years and lease deeds were also entered into accordingly for the said period. At the verge of the expiry of five years period, the parties have applied to the District Collectors concerned for extension of lease period for a further period of five years claiming that after the amendment they have statutory right for quarrying for a period of ten years and such requests were rejected by the concerned District Collectors and therefore the aggrieved parties approached this Court by filing writ petitions challenging the orders of District Collectors rejecting their request for extension of lease period for a further period of five years.

(3.) When W.P. (MD) No. 6396 and 6397 of 2008 came to be considered by Justice S. Nagamuthu, the Hon'ble Judge has entertained a doubt as to whether the term "shall" in Rule 8(8) of the Rules may be construed as "may" and, therefore, at the direction of the Administrative Judge of this Bench, the matter was referred to a Division Bench consisting of P. Jyothimani and S. Nagamuthu, JJ. While the Division Bench heard the matter, it was brought to its notice that one of a Division Bench of this Court in A. Srinivasan and 25 Others v. District Collector, 2008 5 MadLJ 551, by relying on a judgment of the Supreme Court in Rajendra Singh v. State of Madhya Pradesh, 1996 AIR(SC) 2736 , has held that insofar as the lease relates to virgin quarry, when the said fact remains uncontroverted, since the statute is clear mandating lease for ten years, the terms of contract should be in accordance with statutory rules and therefore the period of lease cannot be restricted for five years or for a lesser period. The observations made by the Division Bench in A Srinivasan and 25 Others v. District Collector are as under at p. 556 of MLJ: