VIJAYA GRANITES Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner has filed this writ petition for the issue of writ of certiorarified mandamus calling for the records of the first respondent in G. O. 2-D No. 40, Industries (MMBI) Department dated 07. 06. 1999 communicated to the petitioner by letter in Roc. No. 937 of 2006 dated 09. 06. 2006 by the fourth respondent and quash the same and consequently direct the first respondent to grant lease in respect of granite quarry over an extent of 0. 64. 0 hectares in survey No. 529/1 of the Thiruvadavur, Melur Taluk, Madurai District for a sum of Rs. 1,20,00,000/- to the petitioner.

(2.) THE case of the petitioner is that respondents 3 and 4 had conducted the public auction-cum-tender for grant of granite quarry lease in respect of 0. 64. 0 hectare of land in survey No. 521/1, Melur taluk, Madurai district. The petitioner participted in the tender-cum- pulic auction and offered a sum of Rs. 1,20,00,000/- as his bid amount in the auction by paying Rs. 1,00,000/- as Earnest Money Deposit. Thereafter, he did not hear anything from the respondent. The petitioner made several representations and approached the office of the third respondent several times, but in vain. The petitioner was made to run from pillar to post in futile. As nothing was forthcoming from the respondents, on 06. 06. 2006 the petitioner made a representation to the fourth respondent requesting him to grant quarry lease since he was the highest bidder. On 09. 06. 2006, the fourth respondent sent a communication enclosing therewith an order of the Government dated 07. 06. 1999 cancelling the letter of commitment issued in favour of the petitioner. The petitioner was served neither with the letter of commitment said to have been issued by the first respondent; nor was he served with any show cause notice as to why the said letter of commitment should not be cancelled; nor was he given any personal hearing before the order of cancellation was passed; nor was he communicated with the said order of cancellation of the letter of commitment dated 07. 06. 1999. For the first time, to the shock and surprise to the petitioner, he came to know from the communication dated 09. 06. 2006 from the fourth respondent that the grant of lease made in his favour was cancelled, for no fault of his. Hence, the present writ petition with the prayer as stated above.

(3.) THE first respondent filed a counter affidavit through the Deputy Secretary to Government, Industries Department. The crux of the counter is that out of five persons participated in the tender-cum-auction, the petitioner was the highest bidder for a sum of Rs. 1,20,00,000/ -. Hence, a proposal was sent by the third respondent to the first respondent through the second respondent on 27. 01. 1998 for grant of quarry lease in favour of the petitioner. The first respondent, in its letter dated 03. 06. 1998, had accepted the lease proposal and issued a letter of commitment in favour of the petitioner. It is further stated that by letter dated 17. 06. 1998 the petitioner was requested to pay the balance amount of Rs. 1,19,00,000/-; area assessment of Rs. 1,280/- and security deposit of Rs. 12,00,000/- within one week from the date of receipt of the letter. Page 19 of the file maintained by the first respondent reflects the above position, however, in the counter affidavit there is some mistake in the amount. It is further stated in the counter affidavit that as the petitioner has neither remitted the amount nor sent any reply, the second highest bidder was informed to take the quarry as per Rules. The second highest bidder also failed to accept the offer. Ultimately, the first respondent by letter dated 07. 06. 1999 has cancelled the letter of commitment issued to the petitioner. The petitioner has not challenged the order dated 07. 06. 1999 at the earliest point of time. The petition has to be dismissed.