J.SENTHILKUMAR Vs. DISTRICT COLLECTOR, THENI

JUDGEMENT

(1.) Heard the learned senior counsel appearing for the petitioner and the learned Additional Advocate General assisted by the learned Special Government Pleader appearing for the respondents.

(2.) The petitioner was granted quarry license on 25/1/2019. It was for a period of five years. The petitioner had quarried outside the licensed area. He was therefore visited with penalty. Challenging the same, the petitioner filed W.P.(MD)No.3075 of 2020. The order imposing penalty was set aside on the ground of violation of the principles of natural justice and the matter was remanded to the file of the Revenue Divisional Officer, Uthamapalayam for fresh consideration. The RDO, Uthamapalayam reduced the amount to a sum of Rs.1,64,12,856.00. This included penalty as well as the cost of mineral. The petitioner paid the said amount without any demur. During the intervening period for about 13 months and 19 days, the petitioner was not allowed to operate the licensed quarry. The District Collector, Theni passed the order dtd. 5/2/2021 reviving and restoring the petitioner's lease subject to certain terms and conditions. The condition imposed by the respondents was that the petitioner should not claim extension for the lapsed period of lease. The petitioner also executed an affidavit in compliance with the said condition. The question that calls for consideration is whether the petitioner can seek corresponding extension of the quarry lease for non-operative period of 13 months and 19 days.

(3.) The learned senior counsel for the petitioner reiterated all the contentions set out in the affidavit filed in support of the writ petition. He relied heavily on the decision of the Hon'ble Division Bench reported in (2011) 4 MLJ 643 (The District Collector, Namakkal Vs. K.Anbarasi). He called upon this Court to grant relief as prayed for.