IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.07.2010 CORAM : THE HONOURABLE Ms.JUSTICE K.B.K.VASUKI W.P.No.29218 of 2008 and M.P.Nos.1 of 2008 & 1 of 2009 G.Achuthan ... Petitioner Vs. 1.The District Collector, Vellore District, Vellore, 2.The Assistant Director of Geology and Mining, Vellore District, Vellore, ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of writ of Mandamus, directing the respondents to permit the petitioner to transport the quarried granite, on payment of necessary seigniorage fee from the granite quarry site measuring 2.00 Acres, comprised in S.Nos.454/1B and 454/2A, situated in Athanavoor Village, Yellagiri Hills, Thirupathur Taluk, Vellore District (formerly North Arcot Ambedkar District) till the disposal of the petitioner's renewal application dated 25.02.2004. For Petitioner : Mr.K.Ramakrishna Reddy, For Respondents : Mr.R.Thirugnanam, Spl.G.P., O R D E R
On consent the writ petition is taken up for final hearing.
2.The writ petition is filed for issuing appropriate direction to the respondents to permit the petitioner to transport the quarried granite, on payment of necessary seigniorage fee, from the granite quarry site measuring 2.00 Acres, comprised in S.Nos.454/1B and 454/2A, situated in Athanavoor Village, Yellagiri Hills, Thirupathur Taluk, Vellore District, till the disposal of the renewal application dated 25.02.2004.
3.The facts that the petitioner was granted lease for quarrying granite in the lands in question for a period of 10 years and the Government of India has during 1999 introduced an uniform policy under Granite Conservation and Development Rules, 1999, as per which the lessee shall be granted minimum period of 20 years and shall be entitled for one renewal for equivalent period and thereafter, the renewal application came to be filed are not denied. Pending renewal applications the lessees right to carry on the granite activities is interfered with which gave raise to batch of writ petitions which came to be disposed of by the Division Bench of this Court in W.P.No.2905 of 2005 etc., on 06.09.2007, by common order, in and under which the applications for renewal are directed to be considered within specified time, with liberty given to the State Government to fix rental charges for the period after expiry of the lease and the lessees are held entitled to carry on quarrying operation till the applications for renewal are disposed of. Following the Division Bench Judgment of our High Court several writ petitions for identical relief are disposed of with similar order. As far as the petitioner herein, he has also availing the benefit under the 1999 Rules, applied for renewal on 25.04.2006 much before the expiry of original lease period on 23.04.2007 and the renewal application is till date not disposed of.
4.It is submitted by the learned Additional Government Advocate that as the land in question in respect of which renewal of lease sought for is situated in hill area, due report is to be called for from various authorities such as Forest Department, Pollution Control Board etc., and the same is time consuming and the same delays the disposal of the renewal application within reasonable time.
5.However, the learned counsel for the petitioner would urge this Court that as the reason for delay in disposal of renewal application cannot be attributed to any conduct on the part of the petitioner, the petitioner shall be on the strength of the earlier Division Bench order, permitted to continue his quarrying operation in the quarry site and so long as he is is entitled to carry on the quarrying operation, he is also entitled to get necessary transport permit for transporting quarried granite from the granite quarry site, ofcourse subject to payment of seigniorage fee.
6.The learned Additional Government Advocate also fairly conceded the petitioner’s right to do so. That being so, there is no ground available not to grant the relief sought for in the writ petition.
7.In the result, the writ petition is allowed by directing the respondents to permit the petitioner to transport the quarried granite from the quarry granite site in question, on payment of necessary seigniorage fee, till the disposal of the petitioner’s renewal application dated 25.04.2006 and resubmitted on 01.07.2008 by the first respondent and the first respondent and the State Government are also duly directed to dispose of the renewal application within four months from the date of receipt of copy of this Order. Consequently, connected miscellaneous petitions are closed. No costs.
09.07.2010 Index : Yes/No Internet : Yes/No krk To 1.The District Collector, Vellore District, Vellore, 2.The Assistant Director of Geology and Mining, Vellore District, Vellore, K.B.K.VASUKI,J. Krk W.P.No.29218 of 2008 09.07.2010