K. DHANASEKAR Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner seeks for issuance of a Mandamus to direct the respondent to permit him to carry out stone quarrying for a period of 47 days, being the period during which he could not carry out the quarrying operations.

(2.) The petitioner was granted lease for a period of 10 years under Rule 8 (1) of the Tamil Nadu Minor Mineral Concession Rules, as per District Gazzette No.31 dated 19.12.2002. The petitioner also paid the entire lease amount of Rs.65 lakhs. As per the proceedings dated 09.01.2003, the petitioner was permitted to carry out the quarrying operation for a period of ten years commencing from 18.04.2003 to 17.04.2013. The petitioner also executed a lease agreement. While the petitioner was carrying out the quarrying operation, on 27.07.2008, certain third parties in Chettipunniyam Village indulged in criminal activities and dug the road by using JCB machines, thereby prevented the vehicles of the petitioner from entering into the lease hold area. Notwithstanding the same, the third parties have also threatened the workers, who were quarrying in the site, with the result, the quarrying operations were completely stopped. The petitioner has therefore given a complaint to the Maraimalai Nagar Police Station based on which a case in Crime No. 470 of 2008 came to be registered for the offences punishable under Sections 147, 148, 341, 385, 481 and 506 (ii) of IPC read with Sections 2 and 3 of Tamil Nadu Public Property (Prevention of Damages and Loss) Act. The petitioner also made a representation dated 31.07.2008 to the respondent herein requesting to take appropriate action against the third parties so as to enable him to carry on the quarrying operations. The respondent, in his proceedings dated 08.08.2008, instructed the Superintendent of Police, Kancheepuram to look into the matter by taking action against the persons concerned so as to enable the petitioner to carry on the quarrying operation. The Revenue Divisional Officer also, in his proceedings dated 09.08.2008 informed the Inspector of Police, Maraimalai Nagar Police Station that right to use the panchayat road cannot be interfered with by any one or to stop the vehicles plying there carrying minerals from government approved quarrying site. In and by the said letter dated 09.08.2008, the Revenue Divisional Officer also directed the Inspector of Police, Maraimalai Nagar to take appropriate action against the offenders. Subsequently, on 04.09.2008, a peace committee meeting was held which was attended by the Sub-Collector, Chengalpattu along with the officials from the Directorate of Geology and Mining and also the Police Authorities. In the meeting, it was resolved that the petitioner must be permitted to carry out the quarrying operation without any disturbance. Accordingly, the petitioner resumed the quarrying operation on 05.09.2008. Thus, from 28.07.2008 to 04.09.2008, for about 47 days, the petitioner could not carry out the quarrying operation, which, according to the petitioner, cannot be attributed due to his fault, however, he was unresonably prevented from carrying out the quarrying operation.

(3.) The learned counsel for the petitioner would contend that admittedly, out of the 10 years period, the petitioner was reasonably prevented from carrying out the quarrying operations for 47 days and only after the intervention by the respondent and other officials, he could resume the quarrying operation from 05.09.2008. The petitioner also invited the attention of the respondent by sending a representation dated 03.04.2013 requesting to permit him to continue the quarrying operation for 47 days, but so far no order has been passed. According to the counsel for the petitioner, the petitioner had invested huge amount in the quarrying operation and in view of the fact that he could not carry out the quarrying operation for 47 days, he sustained heavy loss. Therefore, the respondent is duty bound to compensate the petitioner by permitting him to carry out the quarrying operation in the lease hold area for the remaining 47 days and he prayed for allowing the writ petition.