K.SAMPATH, A.S.VENKATACHALA MOORTHY
Dalmia Cement (Bharat) Limited, Dalmiapuram and others – Appellant
Versus
The State of Tamil Nadu represented by its Commissioner and Secretary to Government, Industries Department, Fort St. George, Madras and others – Respondent
K.Sampath, J.: "This analogous cluster" to borrow the expression used by the Constitution Bench of the Supreme Court in Krishna Kumar v. Union of India, (1990)4 S.C.C. 207 of several writ appeals and one writ petition involves common questions. As was done by the learn at single Judge, it is enough if facts in one writ appeal are noticed. Though the substance of the reliefs in the various writ petitions is the same, the prayers vary from certiorari, to declaration of certiorarified mandamus.
2. The appellant in W.A.No.685 of 1991 was the petitioner in W.P.No.7783 of 1982, a ryotwari pattadar of a large extent of lands in and around Dalmiapuram, Tiruchirapalli District. For the purpose of manufacture of cement, the petitioners obtained license for quarrying limestone, gypsum etc. On the date of disposal of the writ petitions, the relevant licence/lease was in force in most of writ petitions. As enjoyed by Sec.9(1) of the Mines and Minerals (Regulation and Development) Act, 1957 (hereinafter referred to as ‘the Act’), the petitioners have been paying half royalty for the minerals quarried by them in their patta lands.
3. It would appear that on 10.5.1982 the Government of Tamil
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State of Tamil Nadu v. Hind Stone A.I.R. 1981 S.C. 711
India Cements Limited v. State of Tamil Nadu A.I.R. 1990 S.C. 85
State of M. P. v. Mahalaxmi Fabric Mills Limited [1996] 5 S.C.C. 670
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Quarry Owners Association v. State of Bihar [2000] 8 S.C.C. 655
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