P.Subbiah Vs. District Collector, Madurai & Anr.
EmailAppeal: Writ Petition (Civil) No. 605 1989
Petitioner: P.Subbiah
Respondent: District Collector, Madurai & Anr.
Apeal: Writ Petition (Civil) No. 605 1989
Judges: E.S. VENKATARAMIAH, CJI & K.N. SINGH, J.
Date of Judgment: Dec 04, 1989
Appearances:
Mr.A.V.Rangam & Mr. G.Gopalakrishnan Advs. for the petitioner
Mr. V. Krishnamurthy, Advocate for the respondent
Head Note:
MINING LEASE
Minor mineral – Lease to quarry stone – Petitioner granted lease for minimum period of five years – Collector in error by insisting execution of lease deed for a period of one year – Collector directed to permit petitioner to execute the lease for a period of five years.
JUDGEMENT:
O R D E R
1. Issue Rule Nisi
2. Writ Petition is heard. The learned counsel for the petitioner who is an applicant for a lease to quarry stone which is a minor mineral relies upon a letter No. 52886/K1/8521 dated 9-11-1988 and submits that on the lease being granted to quarry stone the petitioner is entitled to be given the lease for a minimum period of five years as provided in the said Government order and he complains that the Collector is insisting upon his executing lease for a period of one year. On going through the letter of the Government, we feel that the Collector was in error in insisting upon the petitioner to execute the lease for a period of one year only. We, therefore, allow this petition and direct the Collector to permit the petitioner to execute the lease deed for a period of five years from the date on which he commenced to carry on the quarrying operation. The petitioner shall execute the lease within four weeks from today and also pay whatever amount is due and payable on the said lease on the execution of the lease. If the petitioner does not execute the lease within four weeks or fails to deposit the amount, he shall have no right to the Mining lease in question. The petition is accordingly allowed. No costs.
1. Issue Rule Nisi
2. Writ Petition is heard. The learned counsel for the petitioner who is an applicant for a lease to quarry stone which is a minor mineral relies upon a letter No. 52886/K1/8521 dated 9-11-1988 and submits that on the lease being granted to quarry stone the petitioner is entitled to be given the lease for a minimum period of five years as provided in the said Government order and he complains that the Collector is insisting upon his executing lease for a period of one year. On going through the letter of the Government, we feel that the Collector was in error in insisting upon the petitioner to execute the lease for a period of one year only. We, therefore, allow this petition and direct the Collector to permit the petitioner to execute the lease deed for a period of five years from the date on which he commenced to carry on the quarrying operation. The petitioner shall execute the lease within four weeks from today and also pay whatever amount is due and payable on the said lease on the execution of the lease. If the petitioner does not execute the lease within four weeks or fails to deposit the amount, he shall have no right to the Mining lease in question. The petition is accordingly allowed. No costs.
