LAWS(MAD)-2016-7-135

P.MARIADOSS Vs. THE DISTRICT COLLECTOR, KANCHEEPURAM DISTRICT

Decided On July 19, 2016
P.Mariadoss Appellant
V/S
The District Collector, Kancheepuram District Respondents

JUDGEMENT

(1.) Writ Petition has been filed for a Mandamus, directing the respondents to extend the unutilized lease period of 366 days from 18.09.2013 and to enable the petitioner to carry on the quarrying operation in Quarry No.9, measuring an extent of 5.00.0 Hectares comprised in S.F.No.99 of Keerapakkam Village, Chengalpat Taluk, Kancheepuram District, under the lease order in Rc.No.40/2003/Q1, dated 18.09.2003, passed by the 1st respondent by considering his representations, dated 17.12.2012, 17.06.2013 and 08.07.2013 and in the light of the Division Bench judgment of this Hon'ble Court, dated 17.03.2011, made in W.A.Nos.1018 and 1019 of 2010.

(2.) Facts leading to the Writ Petition are as follows:

(3.) The petitioner has further submitted that after the execution of the lease deed, the respondents took time to demarcate the four boundaries to Quarry No.9 and to fix boundary stones, after land survey. Only after his repeated insistence, the respondents conducted survey and identified the four boundaries in line with the map appended with the lease deed, dated 18.09.2003. After the execution of the lease deed, the respondents took considerable time to complete the above process to fix clear-cut boundaries to Quarry No.9. In view of the delay of quarry permit, till the demarcation of the boundaries, the petitioner could not commence the quarry operation from 18.09.2003 to 27.11.2003 for a period of 55 days. In fact, no permit was granted for the said period, which is evident from the original records available in the hands of the respondents.