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2003 Supreme(Mad) 1602

P.D.DINAKARAN
R. Govindasamy – Appellant
Versus
The District Collector & Another – Respondent


Advocates Appeared:For the Petitioner:K.S. Veluswamy, M/s. C & K Law Firm. For yhe Respondents: P. Gunaraj, Spl.G.P.

Judgment :-

The petitioner, who was a successful bidder, was granted lease to quarry ordinary rough stones and jally in Survey No.377/1, Gangapuram Village, Erode Taluk, of an extent of 2.00.0 hectares, by proceedings of the first respondent dated 26.12.1997, for a period of five years from 20.1.1998 to 19.1.2003, which admittedly expired. However, contending that he could not effectively operate the impugned quarry for a period of nine months from 15.10.2001 to 16.7.2002 due to heavy rainfall, the petitioner seeks a writ of Mandamus directing the respondents to extend the lease period/licence for quarrying ordinary rough stones and jally in Survey no.377/1, measuring 2.00.0 hectares situated at Gangapuram Village, Erode Taluk, by a period of nine months compensating the non quarrying period from 15.10.2001 to 16.7.2002.

2. Even though the learned counsel for the petitioner relies upon the ratio laid down in V. KARNAL DURAI v. DISTRICT COLLECTOR reported in 1999 (1) SCC 475, GANESAN v. DISTRICT COLLECTOR, TIRUCHIRAPALLI reported in 2002 (6) SCC 475, and C.PONNUDURAI v. THE STATE OF TAMIL NADU REP. BY ITS SECRETARY TO GOVERNMENT, INDUSTRIAL DEPARTMENT, CHENNAI & ANOTHER (Order dated



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