P RAMAJAYAM Vs. DISTRICT COLLECTOR CUDDALORE DISTRICT CUDDALORE

JUDGEMENT

(1.) THE petitioner has filed the above writ petition challenging the order passed by the respondent dated 14.09.1999 and consequently to direct the respondent to refund a sum of Rs.3,31,100/- together with interest at 18% p.a. THE facts of the case are as follows:-

(2.) IN the impugned order, it has been stated that in terms of the condition of auction, which is as per rule 8(5)(vi) and (vii) of the Tamil Nadu Minor Minerals Concession Rules, 1959 hereinafter referred as the Rules, the successful bidder shall pay 10% of the bid amount immediately and 90% of the bid amount within a week time thereafter and in view of the said position, the petitioner was informed that the 10% of amount which was remitted by the petitioner was liable to be forfeited in accordance with Rule 8(5)(vii) of the Rules. Further, the petitioner was informed that there is no power vested with the respondent for extension of time or for refunding the 10% of amount.

(3.) I have considered the submissions made on either side and perused the materials on record.