JUBEDHA BI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE unsuccessful writ petitioners before the learned Judge on Writ side has filed this appeal. On a perusal of the records, it is seen that the 5th respondent, Thiru S.Nandagopal, has applied for grant of lease for mining the mineral 'silica sand' from survey No,46/1A and other survey numbers at Elavur village, Gummidipoondi taluk, Tiruvallur District to an extent of 4.16.0 hectares for a period of 20 years.

(2.) THE case of the writ petitioners is that the said land belonged to their forefathers and they have inherited the same after the demise of the original owners. THE 5th respondent while filing the application for grant of lease, appears to have sent all the necessary particulars and fulfilled the formalities required including the production of lease deed dated 30.6.2000 stated to have been entered into between the 5th respondent and the petitioners agreeing to lease the land in favour of the 5th respondent. THE District Collector, Tiruvallur is stated to have forwarded the said application and all other materials to the Director of Geology and Mining for his remarks. It appears that the Revenue Divisional Officer, Ponneri and the Tahsildar, Gummidipoondi were asked to give their report about the agreement of lease stated to have been entered by the 5th respondent with the petitioners. Further, it appears that the Tahsildar after conducting enquiry and calling for objections for the grant of lease in favour of 5th respondent, has recommended in his report dated 25.7.2000 and 25.8.2000, for the grant of permission for mining silica sand in favour of the 5th respondent. It is also seen that the District Collector in the enquiry, called for objections from the public and there was no objection received in respect of grant of mining lease and it was also reported that there was no permanent structure, but there is an existing Odai on the western side adjacent to survey numbers 46 and 47 of the area applied for mining lease. THE District Collector has recommended for the grant of mining lease for the said land cautioning that the safety distance of 10 metres should be left on the western side of the area applied for.

(3.) THE above said facts, which have been culled out by the learned Judge on perusal of the file, make it very clear that the technical requirements as per the Rules have been followed scrupulously. In such view of the matter, it can never be presumed that in the grant of lease in favour of the 5th respondent by the authorities, the provisions of Mines Act as well as Minerals Rules have been violated.