SIVA BLUE METALS REP BY ITS MANAGING PARTNER R ANANDA MAHESWARAN NO.9 TOOVIPURAM 8TH STREET THOOTHUKUDI Vs. DISTRICT COLLECTOR THOOTHUKUDI DISTRICT THOOTHUKUDI

JUDGEMENT

(1.) IN view of the issues involved in these appeals are one and the same, both the appeals are taken up together and a common judgment is delivered by consent of both p]ies.

(2.) THE unsuccessful writ petitioner is the writ appellant herein. The writ petitioner has filed the writ petitions challenging the show cause notices issued to the petitioner company. The petitioner challenged the first show cause notice dated 14.09.2011, whereby, the petitioner was called upon to submit his explanation as to why he should not be directed to pay Rs.2,21,48,000/-, Rs.20,76,375/- and Rs.25,000/- towards cost of the mineral quarried more than the permitted limit, seigniorage fee and penalty respectively. While vide the second show cause notice dated 24.09.2011 he was called upon to explain on the violations of Rule 36 (5) (b) of the Tamil Nadu Minor Mineral Concession Rules, 1959, (hereinafter referred to as the 'Rules') which is liable for action under Section 36 (5) (h) of the Rules, which may result in cancellation of the lease. Both the writ petitions challenging the aforesaid show cause notices were heard and a common order was passed dismissing the same. As against the dismissal, the present writ appeals have been filed.

(3.) ACCORDING to the writ appellant, he was granted lease to quarry rough stones and jelly from patta land in Survey Nos.739/2 and 741/1 for a period of five years as per the proceedings dated 14.12.2005. The lease agreement in Appendix-IV was executed on 11.01.2006 for the period commencing from 11.01.2006 to 10.01.2011. Subsequently, on 13.09.2010 the appellant made an application to the District Collector for surrendering the above lease and requested to add two other adjacent survey numbers S.F.Nos.729/2 and 730/1 as it is no more feasible to quarry in the original lease area without annexing the other nearby area. Pursuant to this, after inspection on 09.11.2011 the District Collector, Thoothukudi accepted the surrender application and cancelled the lease granted by the proceedings dated 14.12.2005. On the very next day, i.e. on 10.11.2010, the petitioner made an application seeking for grant of permission to quarry in all the four Survey Nos.729/2, 730/1, 739/2 and 741/1 for a period of five years. The District Collector by an order dated 24.01.2011 granted quarry lease to the appellant for a period of five years commencing from 24.01.2011 to 23.01.2016 for all the four survey numbers after the inspection report of the Sub-Collector and Assistant Director of Geology and Mining. On the very same day, i.e. on 24.01.2011, the lease agreement was executed for a period of five years. Subsequently, on 14.09.2011 and 24.09.2011 the present two impugned show cause notices have been issued. As against the same, the petitioner without offering an explanation filed two writ petitions on 03.10.2011 and ultimately, the same were dismissed by a common order dated 08.02.2012. Aggrieved against the dismissal of the writ petitions, the present writ appeals have been filed.