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1994 Supreme(Mad) 450

S.M.ALI MOHAMED
Vijay Mines and Minerals, Annupperpalayam – Appellant
Versus
Director of Industries and Commerce, Madras and Another – Respondent


Appearing Advocates:Vijay Narayan, M. M. Sundaresh, Advocates.

Judgment :-

The Order of the Court was as follows :

The petitioner herein is a partnership firm. The petitioner in his affidavit in support of his petition has averred that he applied for grant of a lease for quarrying black granite in an extent of 4.97 hectares in Kumbaikadu, Palamadai Extension Reserve Forest, Bangur Range, Coimbatore North Forest Division, for a period of five years from 10-1-1975 to 10-1-1980. The lease was duly granted. A lease deed was signed between the petitioner and the District Forest Officer, Coimbatore, North Forest Division, second respondent herein on 10-1-1975. Several conditions were stipulated in the lease deed. According to the lease deed, the lessee was to pay rents and royalties in any Government Treasury before the 10th January of every year. The lessee was expected to pay before the expiry of the period or on determination of the lease by either party, an amount equal to the annual dead rent or such higher amount as may be fixed by the District Forest Officer, Coimbatore in his discretion as compensation for damage to the land covered by the lease. The seigniorage fee should be paid in advance for a minimum quantity of 15 M3 at Rs. 50/- per M3.



















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