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2015 Supreme(Mad) 2703

SANJAY KISHAN KAUL
Jayamurugan Granite Exports – Appellant
Versus
SQNY Granites – Respondent


Advocates:
Advocate Appeared:
For Petitioner: Mr. P. Valliappan.
For Respondent: Mr. S. Ranganathan for M/s. T.S. Gopalan and Co., for R.1.
Mr. K. Bijaisundar for R.2.

ORDER

M/s. SQNY Granites/first respondent, a Partnership firm, was granted granite quarrying lease by the Government of Tamil Nadu by Government Order dated 27.02.2006, in respect of the patta lands measuring 2-21-0 hectares, comprised in Survey Nos.885/2, 886/3B, 894/7, 895/1, 896/1, 896/2, 897/2, 901/1, 901/2, 901/3, 903/1, 903/2, 904/1, 904/2A, 904/2B, 904/3, 904/4A, 904/4B and 905/1 (part) situated in Keelathiruthangal village, Sivakasi Taluk, Virudhunagar District. In pursuance thereto, a lease agreement was executed on 13.03.2006, duly registered, for a period of 20 years commencing from the date of the agreement and ending on 03.02.2026. The granite to be quarried was “Multi Coloured Granite”. It appears that this lease must have been operated by the first respondent for some time but an agreement came to be executed on 02.10.2013 by the first respondent, through its Partner Mr. P. Ganesan/second respondent in favour of M/s.Jayamurugan Granite Exports/the petitioner, represented by its Managing Partner Mr. P.K. Ravichandran to be the raising contractor, due to lack of men and machinery available with the first respondent. In terms of the commercial arrangements, a sum of Rs.5





































































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