M/S.A.V.Granites, v. The Tamil Nadu Minerals

M.P.No.2 of 2015 and W.P.No.25712 of 2014 T.RAJA, J.

The petition has been filed by the petitioner seeking grant of further extension of three more weeks beyond 15.4.2015 for paying the remaining amount and removing the remaining materials from the spot and to hand over possession of the entire quarrying field to the respondent in compliance with the order passed by this court on 18.2.2015 in W.P.No.25712 of 2015.

2. Learned Senior Counsel appearing for the petitioner would submit that although a direction was given on 18.2.2015 granting three weeks time to remove the stones without any further quarrying and thereby to vacate and hand over the place to the respondent, the petitioner was unable to complete the process of making payment and removal of the remaining materials in the spot due to short span of time given and therefore, he had moved this court by filing M.P.No.1 of 2015 and this court has granted time till 15.4.2015, however, due to non-cooperation from the other side, the petitioner was unable to complete the process of making remaining payment and removal of the remaining materials. On this basis, he prayed for three more weeks time to vacate and hand over the vacant place since so many

materials are to be removed from the place. The learned Senior Counsel further submitted that the petitioner had stopped the quarrying operations and took up the work of vacating the disputed place so as to handover the vacant possession to the respondent. In the said process, all the machineries and man power have already been removed, however, quarried materials and stones, which are kept as dummy blocks could not be removed. Therefore, only for the removal of the said items, learned Senior Counsel sought for two more weeks time.

3. Learned Additional Government Pleader objecting to the said request submitted that the petitioner had not complied with the direction given by this court making the balance payment in time. Further, when they came to this court seeking time, two weeks time was granted, therefore, the present prayer seeking three more weeks time is unjustified.

4. This court, by taking note of the fact that the petitioner had already stopped the quarrying operations and took up the work of vacating the disputed place so as to handover the vacant possession to the respondent, grants two more weeks time to facilitate the petitioner for removal of quarried materials and stones, which are kept as

dummy blocks. It is also made clear that within the said time limit, the the petitioner shall remove the remaining materials lying in the disputed place and handover the possession of the entire quarrying field to the respondent in compliance of the order passed by this court dated in W.P.No.25712 of 2014 dated 18.2.2015. This court will not entertain any more request for extension of time. Needless to mention that the petitioner shall pay the balance amount, if any, within the time limit stipulated above.

15.4.2015.

ssk.

(Issue order copy today i.e., 20.4.15.) avr/20.4.2015.

T.RAJA, J.

Ssk.

M.P.No.2 of 2015 in W.P.No.25712 of 2014 15.4.2015.