R K RAMASAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) By consent of all the parties the main writ petition itself is taken up for final disposal. Aggrieved against the order of show-cause notice dated 15-7-97 passed by the second respondent, the petitioner has filed the above writ petition to quash the said notice.

(2.) The case of the petitioner is briefly stated hereunder :-According to him, by G.O. 2(D) 71 Industries (M.C-2) Department dated 22-3-96 the first respondent has granted sand quarry lease in respect of 25-00-0 Hectares in Survey S.F.No. 1 of Mayanur village, Kulithalai Taluk. The said lease is for a period of 5 years and necessary lease agreement has been executed and duly registered. The lease amount fixed for the first year is Rs. 1,00,000/- and the same has been paid on 3-4-96. It is also contended that regarding issuance of transport permit, using machinery and also for further direction, the petitioner has approached this Court on earlier occasion. It is further contended that he has also initiated contempt proceedings against the respondents particularly against the second respondent. Because of which the second respondent has sent a notice dated 15-7-97 alleging that the petitioner had quarried more than the permitted depth in the said quarry and directing him to show cause why an amount of Rs. 2,34,00,000/- should not be levied and collected. According to him, the impugned notice issued by the second respondent is due to mala fide intention. It is also contended that none of the respondents have any power to quantify the alleged excess quarry than the permitted depth. There is no procedure in the Rules. In those circumstance, the action of the respondents is without jurisdiction. Since the respondents have no jurisdiction and the impugned notice has been sent by the second respondent with mala fide intention, according to the petitioner, there is no need to submit any explanation. Hence he has approached this Court by way of the present writ petition.

(3.) By Order dated 23-7-97 this Court has ordered notice of motion to the respondents. In pursuance of the notice, respondents entered appearance through their counsel.