R MURALI Vs. DISTRICT COLLECTOR KANCHEEPURAM DISTRICT

JUDGEMENT

(1.) THE writ petition is filed seeking for the relief of issuance of writ of Mandamus to direct the respondents to comply with Rule 8 (8) of the Tamil Nadu Minor Mineral Concession Rules, 1959, in respect of lease in favour of the petitioner of the virgin stone quarry measuring an extent of 5. 00. 00 hectares comprising in Survey No. 68/3 part in Vilankadu village, Cheyyar Taluk, Kancheepuram District.

(2.) THE case of the petitioner is that the petitioner was originally granted mining lease for a period of five years commencing from 14. 2. 2007 to 13. 2. 2012 for quarrying blue metal in the property measuring an extent of 5. 00. 00 hectares comprising in Survey No. 68/3 part in Vilankadu village, Cheyyar Taluk, Kancheepuram District. The petitioner has also executed lease deed for five years. According to the petitioner, as per Rule 8 (8) of the Tamil Nadu Minor Mineral Concession Rules, the period of lease in respect of the stone quarry has to be granted ten years if the quarry is regarded as virgin quarry. This period was originally for five years only. Subsequently, on and from 17. 11. 2000, the amendment has been incorporated extending the period of lease to ten years in respect of virgin quarry. The quarry leased out to the petitioner is also a virgin quarry and as per the statutory provision, the period must be ten years. The petitioner is prepared to pay the balance lease amount in respect of the five years also. On that basis, the present writ petition is filed.

(3.) ON the other hand, the respondents filed counter and it is contended that it is true that all the statutory statements made by the petitioner are correct, but the quarry cannot be regarded as virgin quarry as there was certain illicit quarrying in the area.