K ETHIRAJ Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE petitioner was awarded lease to quarry sand for three years to an extent of 6.07 Hectares at Boothapuram village in Theni District, by way of a lease agreement dated 04.09.1990 between the petitioner and the first respondent. The three year lease period commenced from 01.07.1990 and ended on 30.06.1993. The lease amount for the first year corresponding to fasli year 1400 is Rs.41,250/- and the second year corresponding to fasli year 1401 is Rs.51563/- and the third year corresponding to fasli year 1402 is Rs.64,454/-.

(2.) THE petitioner found the sand quarrying was not profitable and he surrendered the lease during August 1992, after the commencement of the third year lease period. Both parties are not able to say the exact date of surrender. But, the surrender of lease is not in dispute, even according to the counter affidavit filed by the first respondent.

(3.) THE petitioner filed W.P.(MD) No.3826 of 2004, questioning the aforesaid proceedings dated 08.09.2004 of the Tahsildar. While granting interim order in W.P.(MD) No.3826 of 2004, the petitioner was directed to deposit Rs.75,000/- with the first respondent. The petitioner complied with the condition and deposited Rs.75,000/- on 20.02.2004. Ultimately, W.P.(MD) No.3826 of 2004 was disposed ofreported in 2009(4) LW 387 on 16.02.2005, by setting aside the order dated 08.09.2004 of the Tahsildar and remanding back to the authority to pass fresh orders after affording opportunity to the petitioner.