DISTRICT COLLECTOR MADURAI DISTRICT Vs. P PERIYASAMY

JUDGEMENT

(1.) The defendants, in O.S.No.75 of 1997 on the file of the District Munsif Court, Melur, are the appellants.

(2.) O.S.No.75 of 1997 had been filed by P.Periyasamy, S/o.Palaniandi Ambalam, Bharathipuram, Melur Town, Madurai District, against 1) The District Collector, Madurai District, Madurai-20, 2)The Deputy Director of Mines and Minerals, Madurai Collector Office Building, Madurai-20, seeking a judgment and decree against the defendants that the order of the first defendant, dated 28.04.1997 is null and void and not enforceable in law and permanent injunction restraining the defendants from interfering with the same and to pass an order of permanent injunction restraining the defendants from cancelling the mining lease agreement dated 05.01.1994, till the expiry of the lease period of 10 years and pass an order of permanent injunction restraining the defendants from preventing the plaintiff from operating quarry and direct the defendants to pay costs of the suit and for further reliefs.

(3.) In the plaint, it had been stated that the suit schedule mentioned property is situated in Idayapatti Village, Madurai North Taluk, Madurai District in S.F.No.53/3A part, to an extent of 0.15 hectare out of 0.52.5 hectare and S.F.No.53/5, to an extent of 0.26.5 hectare. It had been stated that the plaintiff had applied for grant of permission to quarry Multi Coloured Granite for a period of 10 years. The first defendant had recommended the application for granting quarry permission. The Government also accepted the recommendation and granted permission to the plaintiff. G.O.No.3(D) 170 Industries (MMB2), dated 29.12.1993 had also been issued. An agreement, dated 05.01.1994, had also been executed for quarrying and carrying away the mines and minerals from the property.