JUDGMENT

(Prayer:Appeal filed under Clause 15 of the Letters Patent against the order of the learned Single Judge dated 24.1.2023 passed in W.P.No.5243 of 2010.)

Sanjay V. Gangapurwala, C. J.,

1. We have heard Mr.V.Sanjeevi, learned counsel for the appellants and, Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader for respondents 1 to 3.

2. The appellants assail the order of the learned Single Judge dated 24.01.2023 in W.P.No.5243 of 2010 to the extent of granting relief of refund of the licence fee and interest on the said amount only up to 30.04.2004 and not granting it till 26.11.2004.

3. Learned counsel for the appellants submits that the period of quarrying lease was up to 26.11.2004, however, in view of the operation of Rule 38A of the Tamil Nadu Mines and Mineral Concession Rules, 1959 (for short, “1959 Rules”) and the judgment of the Apex Court, the period of licence was restricted for a period of six months or unexpired lease period, whichever was less, and would commence from 1.10.2003.

4. The learned Single Judge, in view of that, directed refund of the licence fee qua the period 02.10.2003 to 30.04.2004. According t