GEM GRANITES Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) IN this appeal, the correctness of the order dated dated 5.2.2003 made in W.P.No.7467 of 2001 rejecting the appellant's request for issuance of a mandamus to direct the respondents to refund the amount deposited by the appellant towards lease amount, security deposit, area assessment, first year dead rent and stamp duty totalling a sum of RS.2,78,13,700/- for the grant of lease in G.O.3(D) NO.38 INdustries Department dated 20.4.1998 with interest at the rate of 24% per annum from the date of deposit till the date of settlement, has been questioned.

(2.) MRS.Nalini Chidambaram, learned Senior Counsel appearing for the appellant has assailed the order by contending that when a Division Bench of this Court, in a public interest litigation in W.P.No.16876 of 2000, has granted the very same relief and the correctness of the same is pending consideration before the Supreme Court by way of Civil Appeal at the instance of the respondents, on the principle of comity, the learned single Judge would have merely followed the same, leaving the State to take up the matter on further appeal to the Supreme Court to be disposed of along with the Civil Appeal. The judgment of the Division Bench of this Court dated 6.9.2001 being inter-parties, though not attained finality or operate as res judicata, on the principle of bar of re-litigation precluded the Court from making decision against the appellant.

(3.) WE heard the argument of the learned counsel on either side and perused the materials on record. The files relating to the case also are placed before us.