M.P.Ram Mohan Raja vs State Of Tamil Nadu & Ors

Brief facts giving rise to this appeal are the appellant- writ petitioner (hereinafter to be referred to as the writ petitioner) applied to the State Government in the Industries Department on 2.2.1996 under Rule 39 of the Tamil Nadu Minor Mineral Concession Rules, 1959 (hereinafter to be referred to as 'the Rules') for grant of quarry lease for quarrying jelly and rough stone for a period of 20 years from the poramboke lands over an extent of 3.64 hectares in survey No.782/2 and over an extent of 2.36 hectares in survey No. 777/4A of Ayyamkollankondam village, Rajapalayam Taluk, Kamarajar District. Rule 39 of the Rules conferred power on the State Government to grant or renew quarry lease or permission in special cases. The validity of the said rule was affirmed by this Court in Premium Granites & Anr.v. State of Tamil Nadu & Ors. [ (1994) 2 SC 691]. This Court held the rule as valid but the action of the State Government can always be subject to challenge. The writ petitioner approached the High Court of Madras by filing writ Petition No.6931 of 1996 making a grievance that his application under Rule 39 of the Rules was not disposed and as such he prayed for a direction to the State Government to dispose of his application made under Rule 39 of the Rules. By order dated 14.6.1996 the High Court disposed of the writ petition by directing the State Government to consider the application of the writ petitioner and dispose of the same within a period of four weeks from the date of receipt of copy of the order and also directed the State Government to maintain status quo in the meantime. However, on 27.6.1996 within a period of four weeks Rule 39 was repealed by the State Government. Consequently, the application of the writ petitioner came to be rejected by order dated 8.10.1996. Subsequently, the District Collector put certain lands for auction in 2003. One of the two lands for which the writ petitioner had applied for grant of lease, was also put to auction. After seven years, the writ petitioner filed the present writ petition being W.P.No.13791 of 2003 seeking a writ of certiorari to quash the order dated 8.10.1996 and to direct the first respondent to consider the application of the writ petitioner dated 2.2.1996 for grant of lease for quarrying jelly and rough stone under Rule 39 of the Rules as it stood at the relevant time.

A number of applications were filed under Rule 39 of the Rules before the State Government for grant of lease. Government granted lease in some cases relaxing the power of prohibition but some applications were rejected. Hence, a batch of writ petitions was filed before the Madras High Court. The High Court allowed certain number of writ petitions by order dated 17.3.1995 and issued directions that all pending applications should be disposed of as far as possible within a period of twelve weeks from the date of the order. The High Court further laid down that all future applications should be disposed of as far as possible within a period of twelve weeks from the date of receipt of such applications. This order of the High Court passed on 17.3.1995 was not challenged further and it attained finality.

The writ petitioner made an application under Rule 39 of the Rules but his application was not disposed of within twelve weeks. Hence, he filed the writ petition & the High Court passed an order on 2.5.1996 directing the State Government to expedite the disposal of the application of the writ petitioner and to dispose the same within four weeks from the date of receipt of a copy of the order. Meanwhile, on 27.6.1996 within four weeks Rule 39 was repealed. The State Government passed an order on 8.10.1996 rejecting the application of the writ petitioner and the writ petitioner was asked to participate in the tender cum auction to be conducted by the Collector for granting of quarry lease for the area applied by him. The writ petitioner did not pursue the matter after the Government passed the order dated 8.10.1996 in pursuance of the direction given by the High Court and the Collector while rejecting the application of the writ petitioner held that since rule 39 has already been repealed, therefore, the writ petitioner cannot be granted any lease in view of the changed circumstances. The writ petitioner did not challenge this order till 2003 and suddenly woke up to file writ petition on 27.4.2003 being writ petition No.13791 of 2003 before the High Court. The High Court passed an interim order on 29.4.2003 permitting the writ petitioner to continue with quarrying operation on payment of lease amount quoted by the neighbouring quarry owners. Though the Government preferred an appeal against the said order, it was rejected. But the private respondent who was affected by the interim order filed a writ appeal against the said order alleging that the writ petitioner under the garb of interim order was interfering with the quarry allotted to him. As such the writ petition filed by the writ petitioner and the writ appeal were clubbed together.

As a result of our above discussion, we find no merit in this appeal and the same is dismissed with no order as to costs.