A G L IRUDHAYARAJ Vs. COLLECTOR OF TIRUCHIRAPALLI

JUDGEMENT

(1.) PETITIONER has filed this Writ Petition, praying to quash the proceedings of the respondent, dated 13. 03. 2000, in Na. Ka. Pi. 1032/90.

(2.) ACCORDING to the petitioner, he entered into an agreement with the Government of Tamil Nadu on 29. 03. 1985, for quarrying an extent of 4. 64 acres in S. F. No. 29,33/2-A-1 and 33/4 AT of Puthur Village, Tiruchirapalli Taluk, for a period of one year; the said lands belong to him and are patta lands; the agreement was extended for two subsequent years and had come to an end on 28. 03. 1988; though he made several representations for renewal, the same was not considered; he was quarrying rough stones from the said lands and he had a stone crushing machine at Shozhamparai in Pandamangalam, Uraiyur, Trichy; the said lands were inspected by the Deputy Director, Geology and Mines, Trichy, along with other officials, in his absence and without any notice; though he was quarrying only from the patta lands, an order, dated 11. 11. 1991 was passed and served on him on 26. 11. 1991, by which a penalty of Rs. 12,16,800/- was imposed and he was also ordered to pay the cost of rough stone, stated to have been quarried from the poramboke land in S. F. No. 30/2b, to the tune of Rs. 3,12,000/-; totally he was ordered to pay a sum of Rs. 15,28,800/- within a period of 30 days from the date of receipt of the proceedings.

(3.) IT is also the case of the petitioner that aggrieved over the said order, the petitioner filed W. P. No. 17299 of 1991 and, by an order dated 11/12/1991, the said Writ Petition was allowed on the ground that the said order was in violation of the principles of natural justice; liberty was also given to the respondent to proceed in accordance with law; thereafter, the Collector issued a notice fixing the date of hearing on 03. 03. 1992 at 05. 30 p. m. ; the notice fixing the date of hearing on 3/3/1992 was received only on 04. 03. 1992 and, hence, he could not participate in the enquiry; thereafter, an order dated 11/3/1992 was passed again demanding penalty; therefore, he filed another Writ Petition No. 5758 of 1992 and the said Writ Petition was also allowed by an order dated 09. 08. 1999 on the ground of violation of principles of natural justice.