S MURUGIAH REDDIAR Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE petitioner has approached this Court to issue a writ of mandamus directing the respondent to permit him to continue quarry operations on payment of necessary seigniorage in the stone quarry measuring 1-23-5 hectares, comprised in S. No. 163/2 situated in Navaneethakrishnapuram village, V. K. Pudur Taluk, Tirunelveli District for the full period of five years calculated from the date of execution of the lease deed i. e. , from 12. 03. 2001 till 11. 03. 2006 irrespective of the date of expiry mentioned in the lease deed dated 12. 03. 2001.

(2.) THE case of the petitioner is briefly stated hereunder: According to him, as per Rule 8 of the Tamil Nadu Minor mineral Concession Rules, 1959 (in short "the Rules"), the respondent by a District gazette notification has invited tenders in respect of stone quarries. THE petitioner submitted his tender document and also participated in the stone quarry measuring 1-23-5 hectares comprised in S. No. 163/2 situated in Navaneethakrishnapuram Village , V. K. Pudur Taluk, Tirunelveli district. His bid amount for the said extent for five years is Rs. 1,51,000/ -. He was declared as a successful bidder in respect of the said quarry and the respondent has confirmed the same in his favour. As per the procedure, he purchased required non-judicial stamp paper and handed over the same to the then Assistant Director of Geology and Mining. A lease deed was prepared and the signature of the petitioner and respondent was obtained on the said lease deed on 22. 09. 1997. Though the Assistant Director has promised that he will fix a date for registration, the respondent has not completed the registration of lease deed and on some other aspects, the same was postponed.

(3.) IN the light of the narration of the case of both parties, it is unnecessary for me to refer the same once again. There is no dispute that the offer of the petitioner, who quoted an amount of Rs. 1,51,000/-as the highest bid was confirmed in respect of sale of stone quarry located in government Poramboke SF. No. 163/2 measuring an extent of 1. 23. 5 hectares of navaneethakrishnapuram Village, V. K. Pudur Taluk. Accordingly, the lease has been granted to him for a period of five years in the respondent's proceedings dated 10. 06. 1997. It is the case of the petitioner that though he has furnished required stamp papers, the lease deed has not been registered in time and on further direction and request, he purchased fresh stamp papers and handed over the same to the Assistant Director of Geology and Mining for preparation of the lease deed. The lease deed was prepared on 12. 03. 2001 as per the existing rules. It is the case of the respondent that though the deed was registered on 28. 03. 2001, in the meantime, the petitioner had obtained despatch slips for the transportation from 19. 01. 1998 itself to till the expiry of the lease period i. e. , 21. 09. 2002.