G.ACHUTHAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner, as well as the learned counsel appearing on behalf of the respondent.

(2.) IT has been stated that the Government of Tamilnadu had granted granite quarry lease in favour of the petitioner, in respect of the patta lands, measuring 2 acres, comprised in S.Nos.454/1B and 454/2A, in Athanavoor Village, Yellagiri Hills, Thirupattur Taluk, Vellore District, under the then existing Rule 19-A of the Tamilnadu Minor Mineral Concession Rules, 1959. The lease agreement had been duly executed, on 24.4.1997, and it had also been registered. The lease was for a period of 10 years, from 24.4.1997 to 23.4.2007.

(3.) IT has been further stated that the petitioner had challenged the proceedings of the respondent, dated 28.1.2009, in W.P.No.4415 of 2009. This Court, on 24.4.2009, had granted an order of interim stay and it had been extended thereafter, by the order passed on 3.3.2010. The said writ petition is still pending on the file of this Court. However, as the transport permits had not been issued, the petitioner had filed a writ petition before this Court, in W.P.No.29218 of 2008. While admitting the said writ petition an interim direction had been granted by this Court, directing the respondent to issue transport permits, in favour of the petitioner, on payment of the necessary seigniorage fee. While so, the First Bench of this Court, by a common order, dated 6.9.2007, passed in W.P.No.2905 of 2005 etc. (batch) had allowed the writ petitions and directed the respondents therein to fix the revised rental charges, while considering the renewal applications. It had also been made clear that, till the disposal of the renewal applications, the quarrying operations would be continued. While so, by an order, dated 9.7.2010, the writ petition filed by the petitioner, in W.P.No.29218 of 2008, had been allowed, directing the State government to pass orders on the renewal application, within four months from the date of receipt of a copy of the said order. However, the State Government, by a government order, in G.O.(D)No.36, Industries (MMB-1) Department, dated 9.2.2012, had rejected the renewal application. Challenging the said order of rejection the petitioner had preferred a writ petition before this Court, in W.P.No.5344 of 2012, and it is still pending on the file of this Court.