Transtonnelstroy Afcons J. v. Rep. by Mr. D. Murugadasan VS District Collector Kancheepuram District
2014-07-18
B.RAJENDRAN
body2014
DigiLaw.ai
Judgment : 1. The petitioner has come up with the present Writ Petition for a mandamus, directing the respondent to grant extension/renewal of the lease dated 05.12.2011 so as to enable the petitioner to quarry the balance quantity of stone required for completion of the said CMRL project in S.No.124 (part), Quarry No.1A, in Kunnavakkam Village, Sriperumbudur Taluk, Kancheepuram District. 2. According to the petitioner, they have been awarded contracts for execution of nine underground Metro Rail Stations and associated Tunneling works for which the petitioner requires huge quantity of quality stone aggregates (blue metal). Therefore, the petitioner requested CMRL to appraise the respondent so as to allot the land in Kunavakkam village for quarrying operations under Rule7 of the Tamil Nadu Minor Minerals Concession Rules, 1959. The said request was also accepted by the respondent. Accordingly, lease for quarrying and carrying away minor minerals was executed on 05.12.2011 and the petitioner also paid the necessary amount. Since the petitioner was not allowed to quarry the full materials, they sent a representation dated 03.12.2013 seeking for extension of the lease. The CMRL also recommended for grant of permission. Thereafter, the respondent sent a Demand notice dated 06.2.2014. Pursuant to the same, on 19.3.2014, the petitioner made necessary payment towards cost of minerals and requesting the respondent to grant extension. Since there was no response, the petitioner is before this Court. 3. The leaned counsel for the petitioner submitted that a direction may be issued to the respondent to consider the letter of the petitioner dated 19.3.2014 seeking extension of the lease. 4. The learned Additional Government Pleader appearing for the respondent submitted that the petitioner cannot claim extension as a matter of right and it is for the respondent to consider the same taking into account the eligibility of the petitioner. 5. Taking into consideration of the limited prayer, especially, to consider the letter of the petitioner, dated 19.3.2014 alone, this Court only directs that the respondent shall consider the letter of the petitioner, dated 09.3.2014 and pass orders, after giving an opportunity to the petitioner, on merits and in accordance with law, as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. 6. With the above direction and observation, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.