V. SANKARASUBBU Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The petitioner is deceased as on date and is represented by his legal heirs who have been impleaded pending writ petition. The petitioner is a successful applicant to the tender application for grant of lease for quarrying of land. He had been allocated land admeasuring 10.00.0 hectares in S.F.Nos.115 (Part-II) in Kansapuram Village, Palayamkottai Taluk, Tirunelveli District for a period of three years. The period of licence is 27/11/2001 to 26/11/2004.

(2.) During the tenure of lease, Rule 38A came to be inserted as part of Tamil Nadu Minor Mineral Concession Rules, 1959 (in short, '1959 Rules'). This Rule, recognizing the damage caused to the environment by virtue of unbridled, unfettered and uncontrolled quarrying of sand, directed that the permission / lease granted in ryotwari land for quarrying of sand shall cease to be effective on and from the date of coming into force of the Rule. To be noted, the effective date was 3/10/2003. The Rule further stipulates that the proportionate lease amount for unexpired period of lease and unadjusted seigniorage fee, if any, shall be refunded to the lease holder.

(3.) The Rule was subject-matter of challenge before a learned Single Judge, who had granted an interim direction in favour of the lease holders. As against the interim direction, the State of Tamil Nadu filed Writ Appeals, at which juncture, the First Bench of this Court called to its file the writ petitions that were pending on this score as well.