STATE OF TAMIL NADU Vs. C VELAYUTHAM

JUDGEMENT

(1.) THE respondents in the writ petition have filed the present appeal against the order in W.P.No.5253 of 1998 dated 2.1.2007, by which the learned Judge has allowed the writ petition based on the decision of the Supreme Court reported in State of Tamil Nadu v. P.Krishnamoorthy [(2006) 4 SCC 517], directing that the respondent herein, viz., the writ petitioner, would be entitled to quarry for the period of 6 months in respect of the area given in lease in the proceedings of the District Collector dated 20.3.2001.

(2.) THE second appellant, District Collector has notified calling for applications for sand quarry on the left bank of Cauvery river from miles 13/0 to 15/2 in between Karakkadu and Thailampalayam villages in Musiri taluk, in District Gazette notification dated 17.3.1993, for a period of three years under Rule 8(1) of the Tamil Nadu Minor Mineral Concession Rules, 1959. THE total extent is stated to be 227.0 hectares. THE respondent herein is stated to be the highest bidder and in spite of it, the second appellant rejected the respondent's application by order dated 7.4.1994 on the basis that the respondent is an affluent person. Against that order, the respondent/writ petitioner has filed an appeal before the Director of Geology and Mining, who dismissed the appeal on 6.10.1994. It was, thereafter, the respondent filed W.P.No.19645 of 1994 in which there was an order of interim injunction restraining the appellants from leasing out the quarry pending the said writ petition.

(3.) THE present appellants, on the impression that the lease amount in respect of larger extent viz., 217 acres should be proportionately increased, filed clarification petitions in WP.M.P.Nos.16925 and 10752 of 2001 to clarify the earlier order dated 19.12.2000 passed in WP.M.P.No.30491 of 2000. THE learned Judge has passed the order on the said clarification petitions on 18.7.2001.