The State Government has the authority to regulate quarry leases under the MMDR Act, and notifications issued for such leases were valid despite the petitioner's claims.

ORDER :

K.R.Shriram, C.J.,

Prayer : Petitions filed under Article 226 of the Constitution of India seeking

(i) in W.P.No.4110 of 2021 – a writ of Certiorarified Mandamus calling for the records relating to the impugned Tender-cum-Auction Notification in Roc.No.1113/2020 (Mines) dated 01.02.2021 published in English Daily 'Indian Express” dated 04.02.2021 and Tamil Daily “Dhina Mani” dated 04.02.2021 by the 3rd respondent herein, quash the same as unsustainable in law and consequently direct the respondents herein to strictly follow the statutory order passed by the 1st respondent vide his order No.16/4/2020-M.VI dated 03.06.2020 and the relevant rules in force in the matter of grant of quarry lease for quarrying granites in Government lands at Krishnagiri District;

(ii) in W.P.No.4772 of 2021 - a writ of Certiorarified Mandamus calling for the records relating to the impugned Tender-cum-Auction Notification in Roc.No.410/2016 (Mines) dated 18.01.2021 published in English Daily “The Hindu” dated 21.01.2021 and Tamil Daily “Dhina Mani” dated 21.01.2021 by the 3rd respondent herein, quash the same as unsustainable in law and consequently, direct the respondents herein tostrictly follow the statutory order passed by the 1 st respondent vide his order No.16/4/2020-M.VI dated 03.06.2020 and the relevant Rules in force in the matter of grant of quarry lease for quarrying granites in Government lands at Dharmapuri District;

(iii) in W.P.No.18311 of 2020 – a writ of Certiorarified Mandamus calling for the records of the 2nd respondent relating to Notification Roc.No.410/2016 (Mines) dated 08.09.2020 published in the English Daily 'The Hindu' and Tamil Daily “Dhinamani” dated 10.09.2020, quash the same as without jurisdiction and to issue consequential directions to the respondents to scrupulously implement the guidelines issued by the 1 st respondent, Government of India, Ministry of Mines, New Delhi in their Order No.16/4/2020 M-VI dated 03.06.2020 and then initiate steps afresh to grant quarrying lease of granite as per law; and

(iv) in W.P.No.18317 of 2020 - a writ of Certiorarified Mandamus calling for the records relating to the impugned tender cum auction notification issued by 4th respondent in his Rc.No.90/2017/Mines dated 09.10.2020, published in Tamil daily namely Daily Thanthi dated 17. 10.2020 in English daily namely The Hindu dated 17.10.2020 and subsequent notification dated 28.10.2020 postponing the tender cum auction on 06.11.2020 and 07.11.2020 respectively issued and published in Daily Thanthi dated 30.10.2020 by the 4th respondent herein, quash the same as unsustainable and consequently direct the respondents 2 to 6 herein to strictly follow the statutory order passed by the 1 st respondent vide his order No.16/4/2020-M.VI dated 03.06.2020 and the relevant Rules in force in the matter of grant of quarry lease for quarrying granites from the black and colour granite areas situated in government lands at Krishnagiri District.

Petitioner is an advocate by profession, having more than 32 years of standing and practising at Madras High Court. Petitioner was also a Member of Parliament in the year 2009 from Dharmapuri Lok Sabha Constituency and served as such till May, 2014. Petitioner claims to be a social activist and has filed the public interest litigation, W.P.No.4772 of 2021, against the grant of quarry lease for black granites situated in government lands in Dharmapuri District.

2. According to petitioner, having seen the notification dated 18.01.2021 published in English daily 'The Hindu' in its edition dated 21.01.2021 and Tamil daily 'Dhina Mani' in its edition dated 21.01.2021, he has filed this petition.

3. Petitioner's case is very narrow. According to petitioner, respondent No.3, District Collector, has issued a notification in the newspapers, as mentioned earlier, inviting tenders for 17 areas for quarry lease under Rule 8-A of the Tamil Nadu Minor Mineral Concession Rules, 1959, without following the directions give