S SHENBAGAVALLI Vs. DISTRICT COLLECTOR THENI DISTRICT

JUDGEMENT

(1.) THE petitioner has sought for a writ of Mandamus directing the respondents particularly, the first respondent to stop the auction proceedings for stone quarrying for a site in S.No.2202/1(PartIV) to an extent of 10.67 hectares situated at Allinagaram Village, THEni District notified by the first respondent in the Gazette under Na.Ka.No.242/2008/Minerals, dated 20.2.2008, by considering the representation dated:19.03.2008 made to the first respondent within a time frame fixed by this Court.

(2.) IT is the case of the petitioner that she owns lands in Theni District, Bodi Taluk, Boothipuram Village in Survey No.261/13, 262/7, 266/2 and 307/13B. The lands are fertile and there are mango trees. The lands adjacent to the petitioner's land are owned by other agriculturists who are cultivating Sugarcane, groundnut and other commercial crops. The Government dry lands in S.No.2202/1 adjacent to petitioner's agricultural lands were notified for granting lease for stone quarry and the date of auction was fixed on 25.3.2008. The quarry site proposed to be leased, to an extent of 10.67 hectares in S.lNo.2202/1(PartIV) in Allinagaram, Theni District is listed as ITem No.3 in the Gazette notification. The villagers have raised their objection to the location of the quarry site. Though the petitioner has sent a representation dated 19.3.2008 to the District Collector, Theni District to take immediate action to stop the tender-cum-auction to be held on 25.3.2008, the first respondent has not passed any orders and therefore the petitioner left with no other option, has approached this Honourable Court for the relief as stated supra.

(3.) BEFORE adverting to the facts of this case, it is necessary to extract the relevant of rules of the Tamil Nadu Minor Minerals Concession Rules, 1959 for the purpose of proper adjudication of the dispute. Rule 8[(10-A)(a)] reads as follows: Notwithstanding anything contrary contained in this rule, the District Collector shall, by notification in the District Gazette published in the month of April every year, call for applications for direct grant of lease of stone quarries to the (Swarna Jayanthi Gram Swarozgar Yojana Scheme Groups(hereinafter called SGSY groups)registered either under the Tamil Nadu Co-operative Societies Act, 1983(Tamil Nadu Act 30 of 1983) or under the Tamil Nadu Societies Registration Act, 1975 (Tamil Nadu Act 27 of 1975) and the societies formed by released bonded labourers, subject to certain conditions."