MARUTHI MINERALS Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Both the writ petitions have been filed by the same petitioner, viz., M/s.Maruthi Minerals, represented by its partner Mr.P.Thavasiraj. For the sake of convenience, the parties will be referred to in this order as per their rank in W.P.No.1662 of 1997.

(2.) In brief, the petitioner has made an application, dated 13.4.1993 in Form No.I to the second respondent under Rule 22(1) of the Mineral Concession Rules, 1960 (hereinafter will be referred to as 'the Rules' for short) for the grant of mining lease to quarry garnet sand. In the said application, against Column (viii), namely, the extent of the area for which the mining lease was required, the petitioner has mentioned that they require 42.09 acres of stream beds of Musiri Taluk in Trichy District lying in Government Poramboke lands. While giving the details of the area in respect of which the mining lease was required, as contemplated under Clause (ix) in Form No.I, the petitioner has mentioned the names of the following Villages and Survey Numbers:- VILLAGE KHASRA NUMBERS

(3.) Similarly, the sixth respondent also, by their application dated 02.7.1993, applied for grant of mining lease for an extent of 24.13.5 hectares. In their application, dated 02.7.1993, the sixth respondent has provided the following details as against Column Nos.(viii) and (ix) :- "(viii) Extent of the area for River Porambokku in which the mining lease 1) Konappampatti, is required. 2) Jambumadai and 3) Valasiramani villages. Total area : 24.13.5 Hec. (ix) Details of the area in respect of which Mining Lease is required:- DISTRICT TALUK VILLAGE S.NO. AREA OCCUPANCY/OWNERSHIP 1.Trichy Musiri Konappampatti Enclosed 3.99.5 River/OdaiPoramboke 2.Trichy Musiri Jambumadai Enclosed 8.63.5 -do- 3.Trichy Musiri Valasiramani Enclosed 11.50.5 -do- The sixth respondent, in their application dated 02.7.1993, enclosed the details of the above extent as follows:- STATEMENTS OF SCHEDULE OF THE AREA: 1. Name of the Villages - KONAPPAMPATTI, JAMBUMADAI, VALASIRAMANI 2. Taluk - Musiri 3. District - Trichy 4. Total area of Proposed Mine - 24.13.5 Hectares 5. Length - 6.45 KM 6. Average Width - 50 M 7. M.L.Applied S.F.Nos. -