STATE OF TAMIL NADU Vs. M MALAYANDI

JUDGEMENT

(1.) Writ Appeals 849 of 1993 and 1311 of 1994 go together. Similarly, Writ Appeals 850 of 1993 and 1310 of 1994 go together as also Writ Appeals 852 of 1993 and 1312 of 1994.

(2.) In Writ Appeals 849, 850, 852 of 1993 and 710 of 1993, the common question that arises for consideration is as to the scope of the lease deed granted in favour of the respondent in each one of these writ appeals. According to the case of the appellant, the respondent in each one of the appeals is not entitled to quarry block stones as he is permitted under the leases only to quarry 'Aralai', 'Jalli', 'Soling', 'Ammi', 'Attukkal', 'Latti Vari', 'Thimmi' and 'Kalthoon', whereas it is the case of the writ petitioners who are the respondents in each one of these appeals that no such restriction is contained in the lease deed, therefore they are entitled to quarry block stones also.

(3.) It is necessary to notice that even though the quarries in question are situate in the patta lands, the lessees are not entitled to quarry and remove the minerals without the lease or licence granted by the State Government as per S.3 of the Tamil Nadu Minor Mineral Concession Rules, 1951, S.3 contains Rules 17 to 34, which deal with the topic "ryotiwari lands in which the minerals belong to Government".