A DHARMARAJAN Vs. COLLECTOR OF KAMARAJAR

JUDGEMENT

(1.) All the writ petitions and the contempt application arise out of the lease granted to and in favour of one Dharmarajan (hereinafter called the petitioner) to quarry stones in survey Nos. 1299, 1192/93, 1352/1, 196 of 1202 of Thiruthangal Village, Sattur Taluk of an extent of about 83.75 acres. The lease of stone quarry was sold in auction conducted on 26-8-1988. The petitioner was the successful bidder for the Fasli year 1398 to 1400. A lease deed was executed on 27-3-1989 and registered on 3-7-1989. The petitioner made an application for renewal on 18-3-1991 and the same was rejected on 28-6-1991. The appeal was also rejected on 15-9-1991. A revision to the Government also proved unsuccessful and the Government rejected the application 3-2-1993. W. P. No. 2463 of 1993 is for the issue of a writ of certiorarified mandamus to quash the order of the Government, Order dated 3-2-1993 and to direct the respondents to grant a renewal as per the application dated 18-3-1991.

(2.) During the currency of the lease, the petitioner claims to have segregated from the mother rock, huge blocks of rocks. He had to remove the blocks, shape them and treat them before making them suitable for transport and sale. The petitioner therefore, made an application for permission to remove the said stones. In the memo dated 19-8-1991, the Collector of the District (hereinafter called "the Collector") rejected the request on the ground that the period of lease had expired on 30-6-1991. Thereupon the petitioner filed W. P. No. 11325/1991 seeking a writ of mandamus to direct the Collector to issue transport permits for the removal of such stones. By order dated 29-8-1991 S. Ramalingam, J. noticed that by making vertical and horizontal cuttings at four places by the method of blasting about 2600 cubic metres of rock had been segregated from the mother rock, by the petitioner. That apart there were 12 partly dressed stone blocks measuring about 45 cubic metres. Rejecting the plea of the Government that only dressed blocks ready for removal could be permitted to be removed the learned Judge held as per the clause in the lease deed, that the petitioner is entitled to remove all the blocks of blue metal lying on the site and which have been severed from the mother rock. The operative portion of the judgment is as follows :-

(3.) By G. O. Ms. No. KA 64 Industries dated 16-2-1993 the Government exercised their powers under sub-rule 1 of Rule 8C of the Tamil Nadu Mineral Concession Rules, 1959 (hereinafter called "the Rules") and granted lease for a period of 10 years to the Tamil Nadu Minerals Limited (Hereinafter called 'TAMIN') for quarrying coloured granite over an extent of 2.56 hectare in Survey No. 1299, Thiruthangal Village. The petitioner is seeking to quash the said Government Order in WP No. 9064 of 1993 on the ground that his claim for renewal is pending disposal on the file of this court in WP No. 2463/1993. It is also contended that the quarry had been notified under Rule 8 and therefore a lease cannot be granted under Rule 8C. In W. P. No. 3565 of 1993 TAMIN filed an application WMP No. 6942 of 1993 to implead themselves as party-respondents. They also filed WMP No. 6943 of 1993 to vacate the interim order granted in favour of the petitioner on 25-2-1993 and staying the letter dated 21-2-1993 impugned in WP No. 3565 of 1993. While the implead petition was ordered, the petition to vacate the interim order was rejected. That order was passed on 11-3-1993. The petitioner is again aggrieved by an order dated 6-8-1993 holding that the petitioner is entitled to remove 44.055 cubic metres of stone blocks and directing the petitioner to identify those stone blocks. The Collector also directed the petitioner to remove the said stone blocks of 44.055 cubic metres on or before 27-8-1993, after paying the seigniorage fee. This order dated 6-8-1993 is challenged in W. P. No. 15284 of 1993 on the ground that it has not taken note of the earlier orders of the Collector permitting the removal of 1419.036 cubic metres of dimensional stone blocks as per the order of the Government dated 22-12-1992. The petitioner states in this writ petition that for various reasons he could not transport the entire quantity of dimensional blocks. He further states that as on 11-8-1993 there were dressed and undressed stone blocks to the tune of 400 cubic metres. He also says that by way of rocks segregated from the mother rock there were about 1000 cubic metres.