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1965 Supreme(Mad) 343

K.VEERASWAMI, GOKULAKRISHNAN
T. Swaminathan (dead) – Appellant
Versus
State of Madras represented by Secretary, Dept. of Industries, Labour and Co-operation Madras – Respondent


Advocates:
V. Vedanthachari and K.C. Rajappa, C. Harikrishnan, for Appellants; Govt. Pleader, for Respondents.

Judgement

K. VEERASWAMI, C. J. :- These appeals are from a common order of Srinivasan, J., who dismissed the petitions of the appellant under Article 226 of the Constitution, for a direction to the respondent-State Government to forbear from dispossessing or interfering with his right to quarry limestone in Survey No. 59/2 of an extent of 1 acre 66 cents and No. 86/1 of an extent of 10 acres and 31 cents, both situate

in Moror village, Sankari taluk of Salem Dt. He had taken out lease deeds from the ryotwari pattadars of the lands for quarrying limestone, and tripartite agreements were executed between the ryotwari pattadars and the State Government as required by the rules. On the expiry of the lease in respect of Survey No. 86/1, the appellant applied for a further term of lease, or in effect, for renewal of it. But by an order dated 14-11-1962, the Government from the Department of Industries, Labour and Co-operation, declined to grant the application. Likewise, in the case of the other land too, the Government purported to terminate the lease. The ground of the Government was, that the limestone available in the area was of flux grade, and would be required for the proposed Steel








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