M VIVEKANANDAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The State Government in exercise of it's powers under the provisions of Section 4-A (2) of the Mines and Minerals (Regulation & Development) Act, 1957 terminated the lease that had been granted to the petitioner. The lease was for mining rough stones.

(2.) Rule 36-E of the Tamil Nadu Mines and Minerals Concession Rules requires the Government to refund the proportionate lease amount in cases of premature termination. That Rule reads as under:

(3.) The termination was with effect from 31.05.1999 against which an appeal was preferred by the petitioner which came to be dismissed on 11.10.1999. Payment however was not made till two years after that date. The petitioner came to this Court with this writ petition in which an interim order was made on 26.09.2001 directing immediate payment. Counsel is unable to state the date on which the payment was actually made. He says that payment has been made some time after 26.09.2001.