M PRADEEPA Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) Being aggrieved by the order, made in W.P.No.24283 of 2010, dated 10.12.2011, dismissing the writ petition, filed for a Writ of Certiorarified Mandamus, to call for the records from the file of the District Collector, Theni District, third respondent herein, proceedings in Roc.No.102/2001/Mines, dated 22.05.2006, as confirmed by the Director of Geology and Mining, Chennai, second respondent herein, proceedings in Rc.No.6297/MM5/2006, dated 27.3.2008, as confirmed by the proceedings of the Secretary, Industries Department, Government of Tamil Nadu, Chennai, first respondent herein, in G.O.(D).No.153, Industries (MMC2) Department, dated 30.08.2010 and to quash the same and for a further direction to the respondents herein, to pay the amount claimed Rs. 26,48,097/- (proportionate lease amount Rs. 10,98,097/- with 30% interest from 8.4.99 and a sum of Rs. 5,50,000/- towards expenses from the date of lease and Rs. 10,00,000/- towards compensation) in the representation dated 27.4.2006, within the stipulated time, instant writ appeal is filed.

(2.) Material on record and the averments in the supporting affidavit disclose that, the appellant was the highest bidder. On 06.04.1999, entire bid amount was paid by the appellant and auction was confirmed on 03.05.1999. Thereafter, the appellant made a representation to the District Collector, Theni District, Theni, pointing out that 0.95.50 hectares of land was shortage and requested the District Collector, Theni District, either to allot alternative land or refund the proportionate amount for the shortage of land.

(3.) District Collector, Theni District, Theni, passed an order dated 04.04.2000, directing the Assistant Director of Geology and Mining, Madurai, to allot the alternative land to an extent of 0.95.50 hectares and if not possible, execute the lease deed, after deducting 0.95.50 hectares of land. Thereafter, appellant entered into a lease agreement dated 09.11.2000 for a period of five years, for the total extent of 16.0 hectares.