CORAMANDAL AGENCIES Vs. STATE

JUDGEMENT

(1.) These petitions have been filed to quash the proceedings as against these petitioners in P.R.C. No. 29 of 2018 on the file of the Judicial Magistrate, Melur as against the petitioner, having been taken cognizance for the offences under sections 447, 201, 379, 420, 430, 434, 465, 467, 468, 471, 304(ii) of I.P.C. r/w 511, 109, 114 of I.P.C. and Section 3(i), 3(ii) and 4 of TNPPDL Act, 1992 and Sections 6 read with 3(a), 4(a) of Explosives Substance Act, 1908 r/w 120(B) of I.P.C.

(2.) The learned senior counsel appearing for the petitioners in both petitions would submit that the petitioners are arraigned as A1, 2 and 5 and on the complaint lodged by the 2nd respondent, the 1st respondent registered a case in crime No. 411 of 2012 as against 39 persons alleging that all the accused persons had entered into criminal conspiracy and in pursuant to the said conspiracy, apart from quarrying of granite stones legally in the Government leased patta lands, have also used the said leased patta land as a cover and have quarried granite stones illegally in surrounding non patta lands belonging to the Government between the year 2007-2012, thereby causing financial loss to the Government.

(3.) The learned senior counsel would further submit that the 1st accused entered into a lease agreement with the lawful owner of the properties viz., Chandrasekaran on 11.07.1991 for conducting stone quarry and obtained a lease deed for the lands in S. No. 63/5, 6, 8 to 15, 64/1 to 5 admeasuring 6 acres 84 cents and the lease is for a period of 15 years. Thereafter, the said Chandrasekaran died on 20.07.1992 and the legal heirs of Chandrasekaran sold the properties to the 1st accused company on 29.08.2002 and a lease agreement was entered into with the District Collector, Madurai in furtherance of the quarry lease granted by the Government in G.O. Ms. 3(D) No. 8, dated 17.01.1994 and accordingly, they carried out the quarrying activities in the said leasehold area in accordance with law and without any violations and the lease period expired on 16.01.2004. Therefore, on 08.04.2003, A1 made a renewal application dated 08.04.2003 to the Government of Tamil Nadu. While the said application was pending with the Government, A1 filed a writ petition in W.P. No. 8044 of 2004 before this Court and this Court granted interim direction on 29.03.2004 and vide its final order dated 13.08.2008, this Court ordered to continue the quarry operation till the application for renewal is considered and disposed of by the Government. Based on the said order, A1 continued the quarrying operation till 06.10.2009. While being so, on 06.10.2009, the properties were sold out by a registered sale deed in favour of the 7th accused, who in turn, sold the entire extent to the 8th accused viz., P.R.P. Exports. Thereafter, the 8th accused proceeded with the quarrying operations.