G.Pachiappan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2021 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.31788 of 2014 G.Pachaiappan ... Petitioner Vs.

The District Collector Krishagiri ... Respondent Prayer : Writ Petition is filed under Article 226 of the Constitution of India to issue Writ of Certiorarified Mandamus or any other appropriate Writ or direction to call for the records on the file of respondent in proceedings Na.Ka.729/2013/Mines-1 dated 20.12.2013 and quash the same as illegal, incompetent and without jurisdiction and further direct the respondent to permit the petitioner to continue quarry operations in stone quarry measuring 1.00.0 hectares comprised in S.No.430 (part) situated in Kothikuttlapalli Village, Krishnagiri District and transport the quarried stone on payment of necessary seigniorage for a further period of five years from 13.12.2014 as per Rule 8 (8) of Tamil Nadu Minor Mineral Concession Rules 1959 on payment of enhanced reasonable lease amount.

For Petitioner : Ms.R.Poornima For Respondent : Mr.C.Selvaraj

O R D E R

The petitioner has approached the respondent for an extension of lease period for quarry. The application requesting extension of lease period submitted by the petitioner was rejected by the respondent through the impugned order dated 20.12.2013 stating that there is no provision for the extension of lease for a period of five years as requested by the petitioner.

2. The lease of quarry has to be granted in accordance with the provisions of the Act and Rules. Extension of quarry period can never be claimed as a matter of right. The statutory procedures are to be followed for grant of quarry license. This being the factum, the petitioner now, after this length of time cannot sustain the case for the purpose of seeking extension of quarry period.

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3. Therefore, the Writ Petition stands dismissed. No costs.

Sd/- Assistant Registrar(CS-II) //True copy// Sub Assistant Registrar Kan To The District Collector Krishagiri.

+1cc to Government Pleader SR.No.59044 W.P.No.31788 of 2014 PCH(CO) GMY(29/11/2021) https://hcservices.ecourts.gov.in/hcservices/