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2011 DIGILAW 2220 (MAD)

P. Shankar v. District Collector, Tiruvallur

2011-04-19

M.JAICHANDREN

body2011
Judgment :- 1. Heard the learned counsel appearing for the petitioner, the learned Special Government Pleader appearing for the respondents. 2. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the respondents had placed before this Court, an inspection report of the Assistant Geologist, Thiruvallur District, dated 07.04.2011, which reads as follows: Inspection report of the Assistant Geologist, Thiruvallur Thiru P.Shankar, S/o P.Palani, residing at No.2/176, Chennai Road, Pattabiramapuram, Tiruttani was granted with Stone quarry permission in S.F.No.144 OAE of 4.51.0 Hectares of Karthikeyapuram Village, Tiruttani Taluk, Thiruvallur District. The lease period was for 5 years from 03.04.2006 to 02.04.2011. On completion of the lease period, the subject area was taken into Government possession by the Tahsildar, Tiruttani on 03.04.2011 vide her letter in Rc.No.3925/2011/A1, Dt. 3.4.2011. In the mean time the applicant Thiru P.Shankar has filed a Writ in W.P.No.8807/2011 before the Hon'ble High Court with a prayer to grant extension of four months to transport the already quarried 4000 cubic meters of chakkai the subject area on payment of necessary of Seigniorage fee. Hence, as instructed by the Assistant Director, I inspected the quarry on 07.04.2011 along with Deputy Tahsildar (G&M). At the time of inspection, there was no quarrying operation and Rough Stone (Chakkai) of about 300 lorry loads/1800 Cubic meters which were blasted and dislodged and size reduced stone of about 300 lorry loads/1800 Cubic meters, a total of 3600 Cubic meters were found to be dumped in the quarry site. The Village Administrative Officer has given a statement on 07.04.2011 to the effect that 300 lorry loads of chakkai and 200 lorry loads of size reduced stone were dumped at the quarry site. 3. In view of the report filed by the Assistant Geologist, Thiruvallur District, dated 07.04.2011, and in view of the submissions made by the learned counsel appearing on behalf of the respondents, the petitioner is entitled to remove the Rough Stones (Chakkai), found at the quarry site, in S.F.No.144 OAE of 4.51.0 Hectares of Karthikeyapuram Village, Tiruttani Taluk, Thiruvallur District, on payment of the applicable Seigniorage fee and other charges payable by the petitioner. The petitioner shall remove the Rough Stones (Chakkai), as expeditiously as possible, not later than eight weeks from the date of receipt of a copy of this order. Issue order copy on 21.04.2011 The writ petition is ordered accordingly. The petitioner shall remove the Rough Stones (Chakkai), as expeditiously as possible, not later than eight weeks from the date of receipt of a copy of this order. Issue order copy on 21.04.2011 The writ petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed.