S RENGANATHAN Vs. DISTRICT COLLECTOR NAMAKKAL DISTRICT

JUDGEMENT

(1.) THIS petition is filed for the issue of a writ of certiorari calling for the records of the respondent's proceedings bearing na. Ka. 35/2001/mines. B dated 24-05-2002 pertaining to the sand quarry measuring 10-00-0 Hectares, comprised in Survey No. 53 (part), situated in Agrahara kondalam village, Paramathi-Velur Taluk, Namakkal District quash the same.

(2.) THE petitioner is a lessee to quarry the sand in cauvery river, Agrahara Kondalam Village , paramathi Velur Taluk. His lease period is for a period of three years from 19. 4. 2001 to 18. 04. 2004. THE condition of the lease is that the petitioner should not use the machinery like poclain for the quarrying the sand. On 24. 1. 2002, the quarrying was inspected by the authorities and that poclain was kept not for quarrying but for some other purposes like laying the leading road for the lorries to reach the place of quarrying. But, the authorities imposed the penalty of Rs. 25,000/- alleging that the petitioner used the poclain for quarrying sand. That penalty was paid by the petitioner. Subsequently, on 1. 4. 2002 once again inspection has taken place. It was found by the inspecting authorities that the poclain was found stationed within the lease area. THErefore, a show cause notice dated 6. 4. 2002 was issued to the petitioner to show cause as to why the petitioner's license should not be cancelled. THE petitioner has replied by his letter dated 19. 4. 2002 stating the reasons why the poclain was kept there and specifically denied the use of poclain for quarrying. But, this explanation was not accepted. Subsequent to that no other enquiry was conducted. On 25. 4. 2002, the impugned order was passed whereby the lease was cancelled. Challenging the order of cancellation of lease, the present writ petition is filed.

(3.) BEFORE concluding, this Court cannot but observe that when the intention of the Government is to prohibit the use of machineries for quarrying, there must be a specific rule prohibiting the use of such machineries any where near the site for any other purpose. If the rules are so framed, this could be easily implemented. But, this present rule is not effective. Hence, if the Government really wants to control the use of machinery for quarrying effectively, the rules must be properly modified.