DISTRICT COLLECTOR VILLUPURAM Vs. K DASHINAMURTHY

JUDGEMENT

(1.) AS both these appeals have been preferred by the district Collector, Villupuram, against common order dated 5th March, 2007 and against common respondent and common question of law involved, they were heard together and disposed of by this common judgment.

(2.) THE 1st respondent, K. Dakshinamurthy, preferred two writ petitions before this Court. In one of the writ petition (W. P. No. 1186/05), prayer was made to direct the respondent to execute the lease deed in his favour for a period of five years in respect of stone quarry situate in survey No. 97/19 Part-7 over an extent of 6. 19. 0 hectares in thiruvakarai Village, Vanur Taluk, Villupuram District. The other writ petition (W. P. No. 4137/05) was preferred by the said respondent against proceeding in Ref. No. A/g and m/402/94 dated 30th Jan. , 205, whereby his application for lease was rejected by District Collector and amount earlier deposited was forfeited. Further prayer was made to direct the respondents to the writ petition (appellant herein) to execute the lease in favour of him for a period of five years in respect of the aforesaid stone quarry.

(3.) THE brief fact of the case is that the Government of tamil Nadu issued a special bulletin in the District Gazette dated 27th Dec. , 1993, informing interested persons that there will be a public auction of three stone quarries by the Special Collector, Tindivanam, as per Rule 8 (1) of the tamil Nadu Minor Mineral Concession Rules. Intended bidders were asked to deposit Rs. 1,000/= as earnest money before commencement of auction and three years was the period of lease prescribed in the said notification. Certain terms and conditions were also mentioned in the gazette notification, which will be discussed at the appropriate stage. The 1st respondent (writ petitioner) along with others applied pursuant to the gazette notification dated 27th dec. , 1993, for taking part in the bid for the following quarry : details of Quarry Area : <FRM>JUDGEMENT_1840_TLMAD0_2007Html1.htm</FRM> Public auction was to be held on 20th Jan. , 1994, but writ petitions were filed by third parties - W. P. Nos. 687 to 689/94 challenging the aforesaid notification dated 27th dec. , 1993. In those cases, a common interim injunction was passed against confirmation of the lease, but auction was allowed to be proceeded. In another batch of writ petitions - W. P. Nos. 823 to 825/94, preferred by third parties, similar interim order was passed on 18th Jan. , 1994. Public auction was held on 20th Jan. , 1994, and the 1st respondent was declared as the highest bidder in respect of the quarry situated in survey No. 97/19 Part-7, an extent of 6. 19. 0 hectares in Thiruvakkarai village. The bid amount of respondent being Rs. 80,300/= per year, he was to deposit 50% of the bid amount as per tender conditions and he deposited a sum of Rs. 40,150/= on 21st Jan. , 1994. Subsequently, another sum of Rs. 15,000/= was deposited by him on 2nd Feb. , 1994. In connection with the said bid, the 1st respondent also filed a writ petition W. P. No. 1520/94 challenging the demand of local cess and local cess surcharge. In the said case, initially interim order was passed on 31st Jan. , 1994, and finally allowed in his favour on 18th July, 1994. So far as the batch of writ petitions in which the gazette notification dated 27th Dec. , 1993 was challenged, out of them, W. P. Nos. 823 to 825/94 were dismissed by this court on 22nd Sept. , 1997. The other batch of writ petitions, W. P. Nos. 687 to 689/94 were also dismissed as infructuous on 27th April, 2000.