GOVERNMENT OF TAMIL NADU Vs. TVL GEM GRANITES

JUDGEMENT

(1.) THE respondents 2 and 4 in the writ petition are the appellants in this writ appeal. THE first respondent herein filed a writ petition in W. P. No. 5273 of 1992 seeking for the relief of certiorarified mandamus to call for the records of the third respondent in G. O. Ms. No. 618, Environment and Forest Department, dated 22. 10. 1991 and quash the same and consequently direct the respondents to permit the petitioner to quarry black granite in survey No. 14/4a2 in an extent of 4. 64. 0 hectares in Survey No. 14/4a2 in puthiragoundampalayam village, Attur Taluk, Salem District for a period of ten years. THE said relief was sought for in the following circumstances.

(2.) THE first respondent/petitioner is recognised as an 100% export oriented unit for the first time in India in the year 1984 in respect of the subject quarry with 4. 64. 0 hectares in Survey No. 14/4a2 in puthiragoundampalayam village. THE first respondent/petitioner participated in the auction and has become a successful bidder for a bid amount of rs. 25,50,010/ -. THE first respondent/petitioner was declared as successful bidder and by Government Order in G. O. Ms. No. 1350, Industries MM B2 Department, dated 23. 11. 1990. THE first respondent/petitioner was granted quarrying lease for a period of ten years in the said area. Pursuant to the Government Order, the first respondent/petitioner has paid the following amounts. On 12. 2. 1990 tender amount Rs. 25,50,010. 00 On 11. 12. 1990 Security Rs. 2,55,001. 00 On 3. 1. 1991 Stamp Duty Rs. 1,78,501. 00 --------------------- Total Rs. 29,83,512. 00 --------------------- THE lease deed was registered on 4. 3. 1991 for a period of ten years.

(3.) WE heard the learned counsel on either side and perused the materials available on record.