C VIJAYALAKSHMI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) BOTH the above Writ Petitions have been filed by one and same petitioner. Originally, W. P. No. 17854 of 1996 has been filed praying to issue a Writ of Mandamus directing the respondents 1 to 3 to permit the petitioner to continue her quarrying operations in Quarry No. 4 located in an extent of 3. 00. 0 Hectares comprised in S. No. 99/1 (Part), Keerapakkam Village, Chingleput Taluk, Anna District for the period ending with 31. 3. 2001 as per the lease agreement dated 15. 11. 1996 and also the sketch enclosed therein executed by the first respondent in favour of the petitioner without any alteration. In the said Writ Petition, the petitioner has filed W. P. M. P. No. 26882 of 2003 (Stil Pending, Since The Agp Sought Time As Per The Endorsement Dated 19. 4. 2004) praying to amend the prayer to the effect of issuing a Writ of Mandamus directing the respondents 1 to 3 to hand over the quarry site of an extent of 3. 00. 0 hectares in S. No. 99/1 in Keerapakkam village in Quarry No. 4 as per the sketch annexed to the Lease Deed dated 15. 11. 1996 granted in favour of the petitioner by the first respondent and permit the petitioner to quarry stone therein for a full term of five years from the date of such handing over, on payment of the lease amount for the second and subsequent years and when it falls due in accordance with the other terms and conditions of the said Lease Agreement.

(2.) THE other writ petition in W. P. No. 1408 of 2001 has been filed praying to issue a Writ of Mandamus directing the first respondent to forthwith take appropriate action to stop illicit quarrying operations by the second respondent or any other person in Quarry No. 4, Survey No. 99/1-Part in Keerapakkam Village, Chengalpattu Taluk.

(3.) THE case of the petitioner in the first writ petition above is that the first respondent invited tenders by way of Gazette notice dated 9. 10. 1996 to participate in the auction conducted under Rule 8 (1) of the Tamil Nadu Minor Mineral Concession Rules 1959 for leasing of quarrying rights of rough stone in Quarry No. 4 for the period ending with 31. 3. 2001 situated in the Government poramboke land located in Chingleput Taluk, Anna District comprised in S. No. 99/1 (Part), Keerapakkam village and she became the highest bidder with an offer of Rs. 5,55,000/= in the auction held on 29. 10. 1996 and as per the auction conditions, she paid the entire amount of Rs. 5,78,250/= including security deposit and area assessment charges and the first respondent also in his proceedings in R. C. No. 1438/96 Q-1 dated 15. 11. 1996 directed her to enter into an agreement as per the Provisions of Rule 8 and accordingly she entered into a Lease Agreement dated 15. 11. 1996 with the first respondent and the same was registered on 20. 11. 1996 with the Sub Registrar, Guruvancherri in Document No. 235/1996.