IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.01.2026 CORAM THE HONOURABLE Ms. JUSTICE P.T. ASHA and WMP.No.940 of 2024 Galaxy Enterprises, Rep. by its Proprietor S.R. Kumar, 4B, Jeypore Terrace, 354, Avvai Shanmugam Salai, Gopalapuram, Chennai-600 086 ... Petitioner Vs.

l.The Government of Tamil Nadu, Rep. by Secretary to Government, Industries, Investment Promotion and Commerce (MMB.2) Department, Fort St. George, Chennai-600 009.

2. The Government of Tamil Nadu, Rep. by Additional Chief Secretary to Government (FAC), Natural Resources Department, Fort. St. George, Chennai - 600 009.

3. The Commissioner / Director of Geology and Mining, Department of Geology and Mining, Guindy, Chennai - 600 032.

4. The District Collector, Thiruvannamalai District, Thiruvahnamalai.

...Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, call for the records of the 1st respondent relating to G.O.(D) No.54, Industries, Investment Promotion and Commerce (MMB.2) Department, dated 10.05.2023 quash the same and consequently direct the 2nd respondent to grant renewal of lease to the petitioner for quarrying granite from the land bearing S.F. No.46/2 admeasuring 1.57.50 Hectares in Nachanandal Village, Thiruvannamalai Taluk, Thiruvannamalai District formerly Thiruvannamalai Sambuvarayar District for a period of 20 years pursuant to the renewal application of the petitioner dated 26.11.2002.

For Petitioner : Mr.K.Muthukumarasamy For Respondents : Mr.Stalin Abhimanyu, AGP for R.1 to R.4.

O R D E R

This writ petition has been filed for the following relief:-

“call for the records of the 1st respondent relating to G.O.(D) No.54, Industries, Investment Promotion and Commerce (MMB.2) Department, dated 10.05.2023 quash the same and consequently direct the 2nd respondent to grant renewal of lease to the petitioner for quarrying granite from the land bearing S.F. No.46/2 admeasuring 1.57.50 Hectares in Nachanandal Village, Thiruvannamalai Taluk, Thiruvannamalai District formerly Thiruvannamalai Sambuvarayar District for a period of 20 years pursuant to the renewal application of the petitioner dated 26.11.2002”

2. The facts which led to the filing of the above Writ Petition have been set out herein below:-

3.The petitioner would submit that vide GO.Ms. No.608 dated

02.09.1989, the 3rd respondent District Collector had called for a tender for quarrying black granite from the poromboke land in S.No.46/2 measuring 1.57.50 hectares in Village Nachanandal Village, Thiruvannamalai Taluk, Thiruvannamalai District, formerly Thiruvannamalai Sambuvarayar District for a period of 10 years. The petitioner had participated in the tender and as the bid quoted by him was the highest he was granted lease vide GO.Ms.No.75 dated 24.07.1990. Thereafter, the 3rd respondent had executed a lease deed on 17.09.1990 in favour of the petitioner for a period of 10 years commencing from 17.09.1990 to 16.09.2000.

4. While granting the lease. the Rule then prevalent was Rule 8(A) of the Tamilnadu Minor Mineral Concession Rules, 1959 (hereinafter referred to as the “Rules”). As per Rule 8(A) of the Rules, the date of commencing of the lease was the date on which the lease is executed. As per Rule 8A( 11) of the Rules and clause 8(5) of the lease deed, the petitioner was entitled to a one time renewal of the lease at the end of the period of the lease for a period not exceeding the period of original lease. The condition imposed for the said renewal was that the lessee should pay 150% of the original lease amount while applying for the renewal. That apart, the renewal had to be made 12 months prior to the expiry of the original lease. As the original lease was to expire on 16.09.2000, the petitioner had made an application for renewal on 06.09.1999. The petitioner had also enclosed the demand draft for a sum of Rs. 4,51,500/- which was the necessary fees for the renewal of the lease.

5. It is the furt