K NATARAJAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE writ petition is for a Mandamus directing the respondent to grant permission to the petitioner to remove 3000 lorry loads of gravel sand from the S. No. 343, Irungattukottai Village, Sriperumbudur Taluk, kancheepuram District, for which the petitioner has paid a sum of rs. 2,70,000/ -.

(2.) ON the application made by the petitioner dated 11. 03. 2005, the District Collector, Kanceepuram District, by an order dated 25. 05. 2007, granted permission to him under Rule 12 of the Tamil Nadu Minor mineral Concession Rules, 1959 to remove 3000 lorry loads of gravel in S. No. 343 irungattukottai Village, Sriperumbudur Taluk, Kancheepuram District for a period of one month from 25. 05. 2007 to 24. 06. 2007. The petitioner, to fulfill the conditions imposed by the respondent, paid a sum of Rs. 2,70,000/- on 28. 05. 2007 for the removal of 3000 lorry loads from the above said area. It is the case of the petitioner that though he was granted permission to remove 3000 lorry loads of gravel, the transport permit obtained for 800 lorry loads is still lying with the petitioner. Having paid the seignior age fee of rs. 2,70,000/- for the removal of 800 lorry loads of gravel, the petitioners made a request for the issuance of dispatch slip for the balance 2200 lorry loads of gravel. The authorities informed the petitioner that the time granted to the petitioner to quarry Savudu has already expired. Therefore, the petitioner submitted a representation dated 02. 07. 2007 requesting the respondent to grant permission to remove 3000 lorry loads of gravel from the above said area.

(3.) ON written instructions, learned counsel for the respondent submitted that the petitioner was granted permission to remove 3000 lorry loads of gravel from the Public Works Department, tank poramboke in s. No. 343 of Irunkattukottai Village, Sriperumbudur Taluk, for the period of one month from 25. 5. 2007 to 24. 06. 2007. He further submitted that the contention of the petitioner that he was granted permission to lift only 800 lorry loads of savudu and bulk permit and dispatch slips were issued only for 800 loads is incorrect. As per the written instructions, the petitioner was permitted to transport only 2200 lorry loads from 28. 05. 2007 to 18. 06. 2007. Referring to condition No. 9 i. e. permit under rule 12 of the Tamil Nadu Minor Mineral concession Rules, 1959, of the proceedings of the respondent dated 25. 05. 2007, learned counsel for the respondent submitted that there is no provision for extension of the lease period after expiry of lease period and the petitioner, having agreed to comply with the conditions, has failed to remove and transport the mineral during the permitted period. He further submitted that Rule 19 of the Tamil Nadu Minor Mineral Concession Rules does not apply to the facts of the present case where the permit has been granted under Rule 12 of the said rules, which does not speak of extension period after the expiry of the permitted period.