BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21/01/2006
CORAM:
THE HONOURABLE MR.JUSTICE P. JYOTHIMANI
W.P.(MD)No.599 of 2006
and
W.P.M.P.(MD) No.659/2006
V. Jebadoss .. Petitioner
Versus
1. The District Collector,
Kanyakumari District,
Nagercoil.
2. The Assistant Director,
Department of Geology and Mining,
Nagercoil,
Kanyakumari District. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India for the
issuance of a Writ of Certiorarified Mandamus to call for the records of the
second respondent relating to his order passed in Ref. Na.Ka.No.859/G & M/2005
dated 07.12.2005, quash the same and direct the respondents to permit the
petitioner to quarry stones for a period of 760 days from the patta land bearing
R.S.No.854/1 and 854/7 admeasuring 0.40.0 Hectares and 0.40.5 Hectares
respectively (total extent - 0.80.5 Hectares) in Mecode Village, Kalkulam Taluk,
Kanyakumar District from the date of issue of transport permit on payment of
seigniorage fee.
!For Petitioner ... Mr. V. Sanjeevi,
^For Respondents ... Mr. K.V.Vijayakumar,
Spl. Government Pleader.
:ORDER
Heard the learned counsel appearing for the petitioner and the learned
Special Government Pleader appearing for the respondents. By consent of both
the counsel, the writ petition itself is taken up for disposal.
2. This writ petition has been filed challenging the order passed by the
second respondent dated 7.12.2005 and for directing the respondent to permit the
petitioner to quarry stones for a period of 760 days from the patta land
belonging to the petitioner bearing R.S.No.854/1 and 854/7 admeasuring 0.40.0
Hectares and 0.40.5 Hectares respectively in Mecode Village, Kalkulam Taluk,
Kanyakumari District from the date of issue of transport permit on payment of
seigniorage fee.
3. This Court has passed a number of orders in similar cases, including in
W.P.No.363 of 2006. The petitioner has already been granted lease for quarrying
stone in his own patta land and the petitioner has prayed for extension of lease
period, following the decision of this Court given in the earlier orders
including in W.P.No.3685 of 2003 dated 17.12.2003,
Considering the facts and circumstances of the case and in terms of the
order passed in the said writ petitions, the present writ petition is allowed
and a direction is issued to the respondents to give extension of lease period
in favour of the petitioner for the non-operative period of 760 days from the
issue of transport permit on payment of seigniorage fee.
4. With the above direction, this writ petition is disposed of. No costs.
Consequently, the connected W.P.M.P.No.659 of 2006 is closed.
mpk
To
1. The District Collector,
Kanyakumari District,
Nagercoil.
2. The Assistant Director,
Department of Geology and Mining,
Nagercoil,
Kanyakumari District.