C REKHA Vs. DISTRICT COLLECTOR KANCHEEPURAM DISTRICT

JUDGEMENT

(1.) THE writ petition in W. P. No. 46487 of 2006 is filed seeking for the relief of issuance of writ of Mandamus to direct the respondent to consider the petitioner's representation dated 18. 11. 2006 and grant lease to the petitioner for the period of ten years with respect to stone quarry comprised in S. No. 221 of Periyavenmani village, Medurandagam Taluk, Kancheepuram District over an extent of 0. 88. 5 hectares.

(2.) THE writ petition in W. P. No. 46488 of 2006 is filed seeking for the relief of issuance of writ of Mandamus to direct the respondent to consider the petitioner's representation dated 18. 11. 2006 and grant lease to the petitioner for the period of ten years with respect to stone quarry comprised in S. No. 409 (part) of Onempakkam village, Medurandagam Taluk, Kancheepuram District over an extent of 5 hectares.

(3.) IT is the common case of the petitioners that they were originally granted mining lease for a period of five years commencing from 11. 1. 2007 to 10. 1. 2012 for quarrying blue metal in respect of the properties mentioned supra. The petitioners have also executed respective lease deeds for five years. According to the petitioners, 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 quarries leased out to the petitioners are also virgin quarries and as per the statutory provision, the period must be ten years. The petitioners are prepared to pay the balance lease amount in respect of the five years also. On that basis, the present writ petitions are filed.