A RAJMOHAN Vs. SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT

JUDGEMENT

(1.) The petition prays for issue of a writ of mandamus or any other appropriate writ or order or direction in the nature of writ directing the respondents 1 to 3 to grant permission to the petitioner to quarry sand for a period of 6 months on payment of proportionate lease amount in any one of the quarry site over an extent of 10 hectare of Cauvery river, Kulithalai thaluk, Karur District pursuant to the directions of the Hon'ble Supreme Court.

(2.) The petitioner submits that he was a successful bidder for the sand quarry lease comprised in Survey No 1 in K.Pettai Village, Kulithalai Thaluk, Karur District in Karur District pursuant to the District Collector's notification dated 01.12.1996. One day prior to public auction, there was an amendment to Rule 8 (a) (1) of the TNMMCR, 1959 that the lessee has to pay entire 3 years lease amount in one lumpsum instead of paying 1st year lease amount and 20% over and above the previous lease amount. Accordingly no proceedings was issued in his favour for granting lease. The petitioner approached this court for grant of lease. This Hon'ble Court by order dated 04.10.2012 directed to grant lease to the petitioner by increasing the lease amount 60% over and above what he was offered for the last three years in the auction held on 20.12.1996.

(3.) While the petitioner approached for payment process, Rule 38-A was introduced in TNMMCR,1959 wherein all the existing sand quarries were taken over by the Government and the proposed lease amount would be refunded to the existing lessees. Among many subsisting lessees, the petitioner had filed WP.No.29573 of 2003 and obtained an order of interim stay. The case went upto Supreme Court and the Hon'ble Supreme Court vide order dated 24.03.2006 in Civil Appeals Nos 5572-5644 of 2005 disposed of all the cases.