Mrs.R.Thilagavathi v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.11.2021

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.26996 of 2016 and W.M.P.No.23195 of 2016 R.Thilagavathi .. Petitioner ..Vs..

1. The Secretary to Government, Industries Department, Fort St. George, Chennai - 600 009.

2. The District Collector, Kancheepuram District, Kancheepuram.

Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration, declaring that withholding of the said total sum of Rs.1,60,00,000/- (Rupees One Crore Sixty Lakhs only) being the monthly amount of Rs.10,00,000/- (Rupees Ten Lakhs only) paid from March 2011 to June 2012, pursuant to the interim orders passed by this Court in M.P.No.1 of 2011 in W.P.No.4600 of 2011, in respect of stone quarry bearing quarry No.2 classified as Malaiporamboke, measuring 2-20-0 Hectares, comprised in Survey No.139, situated in Talakanancheri Village, Tambaram Taluk, Kancheepuram District, by the 1st respondent as illegal and consequently direct the 1st respondent to refund the said principal sum of Rs.1,60,00,000/-, together with interest amounting to Rs.1,80,80,000/- calculated @ 24% p.a.

from the date of each monthly payment of Rs.10,00,000/- to July 2016, totalling to Rs.3,40,80,000/- (Rupees Three Crores Forty Lakhs and Eighty Thousand only) and to pay further interest @ 24% p.a. on the principal amount of Rs.1,60,00,000/- (Rupees One Crore Sixty Lakhs only) from August, 2016 to till the date of repayment. For Petitioner : Mr.R.Singaravelan, Senior Counsel Assisted by Mr.J.Stalin For Respondents : Mr. C.

O R D E R The learned Senior Counsel appearing on behalf of the petitioner made a submission that the writ petition filed by the petitioner for extension of lease period was disposed of as infructuous or closed. However, the Demand Draft submitted to the respondents are kept by them and the said bank Demand Drafts are yet to be returned. Under these circumstances, the petitioner submitted a representation on 04.04.2016 requesting the respondents to return the Demand Drafts enabling the petitioner to realise the same. However, no action has been taken by the respondents and therefore, the petitioner is constrained to move the present writ petition.

2. This Court is of the considered opinion that the merits involved in the present case need not be adjudicated as those terms and conditions and the factual aspects are to be considered by the competent authority for the purpose of returning of the Demand Drafts submitted by the writ petitioner. However, the learned Senior Counsel made a submission that the representation in this regard is to be considered and a decision is to be taken on merits and in accordance with law.

3. In this view of the submission, the respondents are directed to consider the representation submitted by the petitioner on 04.04.2016 and take a decision on merits and in accordance with law and communicate the said decision to the petitioner preferably within a period of three months from the date of receipt of a copy of this order.

4. The writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar vs To

1. The Secretary to Government, Industries Department, Fort St. George, Chennai - 600 009.

2. The District Collector, Kancheepuram District, Kancheepuram.

+1cc to Mr.J.Stanlin, Advocate, S.R.No.60770 +1cc to the Government Pleader, S.R.No.61558 W.P.No.26996 of 2016 and W.M.P.No.23195 of 2016 SPD(CO) SU(03/12/2021)