STATE OF TAMIL NADU Vs. T S JAYAKUMAR

JUDGEMENT

(1.) THESE two writ appeals are filed against the same order passed by the learned single Judge dated 11. 4. 2002 made in writ petition No. 20091 of 1994. The said writ petition was filed by the respondent in W. A. No. 1609 of 2002 seeking for the relief of issuance of a writ of mandamus directing the government of Tamil Nadu , District Collector, Dharmapuri and the Tahsildar , Krishnagiri Taluk , the respondents in the writ petition to compute the lease in favour of the writ petitioner for a period of three years from the date of actual handing over of the quarry to the writ petitioner herein in respect of blue metal quarry in S. No. 79/2 Bynapalli village in an extent of 5 hectares.

(2.) FOR the sake of convenience, the parties are referred to as arrayed in the writ petition. The relief has been sought for by the writ petitioner on the basis that the respondents have caused a publication in the Dharmapuri District Gazette dated 14. 12. 1990 for leasing out the Government quarries for the period from 1. 1. 1991 to 31. 12. 1993. The auction in respect of the subject quarry was held on 22. 1. 1991. The confirmation in favour of the petitioner has been made on 9. 2. 1991. The confirmation order has been served on the petitioner on 9. 4. 1991. The writ petitioner has also paid balance amount of Rs. 24 ,58 8 /- on 28. 11. 1991. By letters dated 8. 1. 1992, 23. 5. 1992 and 16. 7. 1992, the petitioner has expressed his difficulty in commencing the quarrying operation. In spite of that, the lease deed was executed on 22. 6. 1999 and the lease deed was handed over to the petitioner for registration on 16. 7. 1993. Virtually, the lease deed came to be registered on 30. 12. 1993 a day prior to the expiry of the lease period. By stating so, the petitioner filed writ petition for extension of the period by three years.

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