GEMGRANITES REP BY ITS GENERAL MANAGER R VEDANTHAM NO 58 CATHEDRAL ROAD CHENNAI Vs. GOVERNMENT OF TAMIL NADU REP BY ITS SECRETARY TO GOVERNMENT INDUSTRIES DEPARTMENT FORT ST GEORGE CHENNAI

JUDGEMENT

(1.) Heard the learned counsel appearing on behalf of the petitioner and the learned Government Advocate appearing on behalf of the respondents.

(2.) This writ petition has been filed praying that this Court may be pleased to issue a writ of Mandamus to direct the first respondent, to refund a sum of Rs.29,83,512/-, along with the interest on the said sum, at 18% per annum.

(3.) It has been stated that the petitioner has been in the business of exporting granites, from the year, 1972. While so, the second respondent had conducted an auction for the granting of quarry lease for black and coloured granites, on 12.2.1990, in respect of 4.64.0 hectares, in S.No.14/4A2, in Puthiragoundanpalayam village, Athur Taluk, Salem District. The petitioner had participated in the tender. The petitioners bid amount of Rs.25,50,010/- was declared as the highest amongst the participants. Thereafter, the first respondent, after accepting the recommendation of the Director of Geology and Mining, had confirmed the bid in favour of the petitioner and had granted the quarrying lease, for a period of 10 years, from 1991 to 2001, as per the order, in G.O.Ms.No.1350, Industries (MM B2) Department, dated 23.11.1990. On confirmation of the tender, the petitioner had paid the entire bid amount of Rs.25,50,010/-, on 12.2.1990, along with a sum of Rs.2,55,001/- as security deposit, and a sum of Rs.1,78,501/-, as stamp duty. Thus, a total sum of Rs.29,83,512/- had been paid by the petitioner, in respect of the lease in question. Thereafter, a lease deed had been registered, on 4.3.1991.