(PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus as stated therein.)

The question that arises in this writ petition is,

“Whether it is obligatory on the part of the District Collector to grant lease in favour of the petitioner being the second highest bidder when the first highest bidder fails to perform his part of contract in terms of Rule 8(7) of the Tamil Nadu Minor Minerals Concession Rules, 1959, without resorting to calling for fresh tenders?”

2. The petitioner, having considerable experience in the field of stone quarrying, participated in the tender-cum-auction process called for by the respondents, in respect of the stone quarry No.2 in S.No.139 in Thalakkanancheri village, Tambaram taluk. In the said auction, one Mrs.Prabavathy Durairaj was the highest bidder and the petitioner was the second highest bidder. Since the said Mrs.Prabavathy Durairaj has not paid the remaining 90% of the bid amount within the stipulated period, her bid was impliedly cancelled automatically as per the terms of the Tamil Nadu Minor Mineral Concession Rules, 1959 (for short, “the Rules”). Therefore, th