M SATHYANATHAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE question that arises in this writ petition is, "whether it is obligatory on the part of the district Collector to grant lease in favour of the petitioner being the second highest bidder when the first highest bidder fails to perform his part of contract in terms of Rule 8 (7) of the Tamil Nadu Minor Minerals Concession Rules, 1959, without resorting to calling for fresh tenders""

(2.) THE petitioner, having considerable experience in the field of stone quarrying, participated in the tender-cum-auction process called for by the respondents, in respect of the stone quarry No. 2 in S. No. 139 in Thalakkanancheri village, Tambaram taluk. In the said auction, one Mrs. Prabavathy Durairaj was the highest bidder and the petitioner was the second highest bidder. Since the said Mrs. Prabavathy Durairaj has not paid the remaining 90% of the bid amount within the stipulated period, her bid was impliedly cancelled automatically as per the terms of the Tamil Nadu Minor Mineral Concession Rules, 1959 (for short, "the Rules" ). THErefore, the petitioner, being the second highest bidder, made a representation-dated 18. 08. 2004, before the first respondent, requesting to accept his bid and execute the lease deed in his favour. However, the first respondent issued a Notification dated 2. 11. 2005 calling for fresh tenders in respect of the impugned stone quarry, which is challenged in the present writ petition seeking a writ of certiorarified mandamus to quash the said Notification in so far as it relates to issuance of lease in respect of the impugned stone quarry and to direct the first respondent to consider the representation of the petitioner dated 18. 08. 2004 in accordance with law.

(3.) IT is true that though the word'may'might connote merely an enabling or permissive power in the sense of the usual phrase "it shall be lawful", it is also capable of being construed as referring to a compellable duty, particularly when it refers to a power conferred on a court or other judicial authority, however, it depends upon the interpretation of statute in each case.