LAWS(MAD)-2007-12-497

P JAGANNATHASAMY Vs. DISTRICT COLLECTOR COIMBATORE

Decided On December 19, 2007
P. JAGANNATHASAMY Appellant
V/S
DISTRICT COLLECTOR, COIMBATORE AND OTHERS Respondents

JUDGEMENT

(1.) COMMON ORDER In W.P. Nos. 27972 and 27973 of 2007, the petitioner has sought a Writ of certiorarified mandamus to quash the lease granted to the quarry operators, viz., Elangovan, in respect of Survey No. 519/1, Myvadi Village, Udumalpet Taluk, Coimbatore District and Mrs. Jeyalakshmi in respect of Survey No. 513/2A, Myvadi Village, Udumalpet Taluk, Coimbatore District, as violative of Rule 36 of the Tamil Nadu Minor and Mineral Concession Rules and in W.P. No. 22442 of 2007, the petitioner has sought a mandamus directing the respondents 1 and 2 therein to prevent quarrying of any mineral in the above Survey numbers by the lessees.

(2.) FOR the purpose of convenience, contesting parties are described as petitioner and respondents 3 and 4, lessees. As all the three writ petitions involve the common question of facts and law, they are disposed of by a common order.

(3.) THE petitioner has further submitted that he has been running the poultry farm for the past 10 years and even in the year 2001, he had put up some additional constructions with an approval of Myvadi Village Panchayat. THE petitioner has further submitted that in order to provide proper facilities for breeding of chicks, he had obtained a loan of Rs. 8,50,000/- from the Canara Bank and he is repaying the loan periodically from the income derived from the Farm. During the Month of December 2006, after obtaining permission from the Village Panchayat, he has constructed additional sheds for the Birds.