R SANTHOSHAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner has filed the present writ petition, seeking to challenge an order dated 13.01.2009 passed by the third respondent viz., the District Collector, Ariyalur and after setting aside the same seeks for a direction to the respondents to grant refund of proportionate lease amount for the unexpired lease period of 31 months and 2 days in respect of sand quarry situated in S.F. No.302 (part) to an extent of 10.00.0 Hectares in Sannasinallur Village, Sendurai Taluk, Perambalur District as per the orders of the Supreme Court in C.A.Nos.5572-5644/2005 dated 24.3.2006.

(2.) WHEN the writ petition came up for admission on 09.11.2009, this Court directed the learned Additional Government Pleader to take notice. Subsequently, the the writ petition was admitted on 11.01.2010. Initially, the application for grant of interim direction was dismissed for default on 05.02.2010. Subsequently on an application being filed in M.P.No.1 of 2010, the same was restored vide order dated 13.04.2010. But no orders have been passed in the application for interim direction.

(3.) THE case of the petitioner was that he was granted lease for quarrying sand in respect of S.F.No.302(part) to an extent of 10.00.0 Hectares in Sannasinallur Village. The lease is for a period of three years commencing from 28.08.2003 to 24.08.2006 and necessary lease deed was executed in favour of the petitioner on 25.08.2003. In the meanwhile, the State Government issued G.O.Ms.No.95 Industries Department, dated 01.10.2003, by which sand quarrying, both in respect of Revenue and Patta lands were cancelled and the right to quarry vested with the State Government. The said GO came to be challenged by the lessees before this Court. A Division Bench of this court in W.A.Nos.3241 of 2003 and batch cases by a judgment dated 11.05.2004 partially upheld the GO with certain directions in favour of the lessees.