K RAMANATHAN Vs. GOVT OF TAMIL NADU

JUDGEMENT

(1.) This Writ Petition has been filed for issuance of a writ of certiorarified mandamus, to call for the records of the fourth respondent in Na.Ka.AA 2.4109/2001 dated 5.2.2002, quash the same and direct the respondents to collect rent and royalty as per G.O.Ms.No.242, Revenue, dated 14.05.1999.

(2.) Originally, by G.O.Ms.No.1076, Revenue, dated 22.06.1982, the lease rent was Rs.2/- per acre per annum and royalty was Re.1/- per tonne of salt produced, subject to a minimum of Rs.25/-. This was modified by G.O.Ms.No.208, dated 12.03.1993, whereby lease rent was increased to Rs.60/- per acre per annum and royalty as Re.1/-, subject to a minimum of Rs.25/- per acre per annum. Challenging the same, the petitioner had earlier filed two Writ Petitions and those Writ Petitions were disposed of on 17.08.2001. Thereafter, the petitioner has received the impugned notice, demanding the arrears, as per G.O.Ms.No.208 dated 12.03.1993 till 14.05.1999, when G.O.Ms.No.242 was passed. Under G.O.Ms.No.242, the lease rent of Rs.60/- was reduced to Rs.5/- per acre per annum and royalty was increased to Rs.2/- per Metric Tonne of sale produced, subject to a minimum of Rs.100/- per acre per annum. G.O.Ms.No.208 was in force till 14.05.1999, when the modified G.O.was passed. Hence, for that period, the petitioner was liable to pay rent as per G.O.Ms.No.208, namely, at the rate of Rs.60/- per acre per annum.

(3.) The contention of the learned counsel for the petitioner that the G.O.Ms.No.242 has the effect of modifying the G.O.Ms.No.208 from the year 1993 is not acceptable, because G.O.cannot be retrospective, inasmuch as the G.O.Ms.No.208 was not withdrawn and the same was in force from 12.03.1993 till 14.05.1999.