G. PARAMESWARI Vs. SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT

JUDGEMENT

(1.) The writ of declaration is filed to declare that the proportionate lease amount and the proportionate enhanced lease amount totalling to Rs.1,13,05,000.00 (Rupees One Crore Thirteen Lakhs and Five Thousand only), withheld by the first respondent, representing the non-operated period of two years and ten months pertaining to the stone quarry measuring 5.00.0 Hectares, comprised in Survey No. 99, Quarry No. 12, situated in Keerapakkam Village, (Malai Poramboke), Chengalpat Taluk, Kancheepuram District, as illegal and consequently direct the respondents to refund the said amount with interest.

(2.) The petitioner states that she was the successful bidder in respect of stone quarry measuring 5.00.0 hectares, comprised in Survey No. 99, Quarry No. 12, situated in Keerapakkam Village, Chenglepet Taluk, Kancheepuram District. The bid amount for the said quarry for a period of five years was Rs.1,33,00,000.00 (Rupees One Crore Thirty Three Lakhs only).

(3.) The lease agreement was executed on 19/2/2003 and was duly registered. Admittedly, the period of lease was for five years commencing from 20/2/2003 to 19/2/2008.