- (1.) Leave granted.
(2.) This appeal is directed against the order passed by the Division Bench of the Madras High Court dated 13.7.2006 whereby the Division Bench of the High Court has dismissed the writ petition filed by the appellant- M.P.Ram Mohan Raja and disposed of the writ appeal filed by S.Ramilarasi in view of the affidavit filed by the State Government. Hence, aggrieved against the order passed by the Division Bench dismissing the writ petition the present appeal has been filed by the appellant.
(3.) Brief facts giving rise to this appeal are the appellant- writ petitioner (hereinafter to be referred to as the writ petitioner) applied to the State Government in the Industries Department on 2.2.1996 under Rule 39 of the Tamil Nadu Minor Mineral Concession Rules, 1959 (hereinafter to be referred to as 'the Rules') for grant of quarry lease for quarrying jelly and rough stone for a period of 20 years from the poramboke lands over an extent of 3.64 hectares in survey No.782/2 and over an extent of 2.36 hectares in survey No. 777/4A of Ayyamkollankondam village, Rajapalayam Taluk, Kamarajar District. Rule 39 of the Rules conferred power on the State Government to grant or renew quarry lease or permission in special cases. The validity of the said rule was affirmed by this Court in Premium Granites & Anr.v. State of Tamil Nadu & Ors. [ (1994) 2 SC 691]. This Court held the rule as valid but the action of the State Government can always be subject to challenge. The writ petitioner approached the High Court of Madras by filing writ Petition No.6931 of 1996 making a grievance that his application under Rule 39 of the Rules was not disposed and as such he prayed for a direction to the State Government to dispose of his application made under Rule 39 of the Rules. By order dated 14.6.1996 the High Court disposed of the writ petition by directing the State Government to consider the application of the writ petitioner and dispose of the same within a period of four weeks from the date of receipt of copy of the order and also directed the State Government to maintain status quo in the meantime. However, on 27.6.1996 within a period of four weeks Rule 39 was repealed by the State Government. Consequently, the application of the writ petitioner came to be rejected by order dated 8.10.1996. Subsequently, the District Collector put certain lands for auction in 2003. One of the two lands for which the writ petitioner had applied for grant of lease, was also put to auction. After seven years, the writ petitioner filed the present writ petition being W.P.No.13791 of 2003 seeking a writ of certiorari to quash the order dated 8.10.1996 and to direct the first respondent to consider the application of the writ petitioner dated 2.2.1996 for grant of lease for quarrying jelly and rough stone under Rule 39 of the Rules as it stood at the relevant time.;