M AZHAGAIYA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) BY a notification published in the District Gazette, dated 19. 12. 2002, the District Collector, Kancheepuram, invited applications for the grant of lease to quarry stones, through tender/auction in the lands comprised in various Survey Numbers in several villages of Kancheepuram District. The notification contained three schedules, with (i) Schedule-A comprising of quarries in four different villages in Tambaram and Chinglepet Taluk, which were described to be old stone quarries, (ii) Schedule-B comprising of quarries in nine villages in Chinglepet, Uthiramerur, Maduranthakam and Cheyyur Taluks, which were described to be new stone quarries and (iii) Schedule-C comprising of quarries in Chinglepet, Maduranthakam and Sriperumbudur Taluks, described as Gravel Quarries.

(2.) ONE Mr. K. Kathir Kamaraj, the petitioner in W. P. No. 551 of 2009 applied for the quarry at Serial No. 4 under Schedule-A to the notification, in respect of Quarry No. 4 in Survey No. 25/2b, Tirusoolam Village, of the extent of 1. 32. 0 hectares, described as Hill Poromboke. In the tender-cum-auction held on 8. 1. 2003, his offer was found to be the highest and accepted. Therefore he paid the security deposit of Rs. 5 lakhs and also paid the lease amounts in terms of Rule 8 (6) (c) of The Tamil Nadu Minor Mineral Concession Rules, 1959.

(3.) A deed of lease in the prescribed format (Appendix-I) was executed by the District Collector in favour of the said K. Kathir Kamaraj on 16. 9. 2003, granting lease of quarrying rights in respect of the aforesaid quarry for a period of 5 years and the lease deed was also registered in the Office of the Sub Registrar, Tambaram. The period of lease was to expire on 15. 9. 2008.