C.S.Karnan, J. - (1.) THE short facts of the case are as follows: The petitioner respectfully states and submits that he had applied for removal of savudu soil at Survey No. 195, Satharai Eeri and upon the recommendation of the Public Works Department, Tahsildar and Sub -Collector. He was permitted to remove the said Savudu soil. He states that he was granted the permission for the removal of Savudu soil for a period of 35 days from 27.09.2010 to 31.10.2010 and he removed 39 lorry load savudu soil from the above said place. However, due to rain he surrendered the said permission to the respondent on 10.10.2010. He states that it was only because of heavy rain that he was not able to continue with the removal of the savudu soil. He respectfully states and submits that thereafter during August 2011, he obtained a Technical Report on 29.08.2011 and he had obtained the approval from the Public Works Department on 06.09.2011. Subsequently, on 03.02.2012 the Sub -Collector, Thiruvallur District issued his recommendation and the Tahsildar issued the recommendation on 13.02.2012. In all these reports / recommendations it has been categorically stated that 39 lorry loads of savudu soil had been removed and the authorities permitted the removal of the balance 2961 lorry loads of savudu soil.
(2.) HE submits that after 13.02.2013 he has been running from pillar to post to obtain the final permission of the removal of the balance 2961 of savudu soil from the land namely Survey No. 195, Satharai Village, Thiruvallur Taluk and District from the respondent. He respectfully submits that because of the inaction of the part of the respondent in granting him the required permission for the removal of said savudu soil he has made a detailed representation to the respondent dated 19.04.2013 through speed post acknowledgment due and same has been received by the respondent office on 22.04.2013. He respectfully submits that though the respondent had received the representation on 22.04.2013 till date there is no response at all from the respondent's end. The respondent is duty bound to dispose of his representation, the respondent has not initiated any action so far. He submits that only during the summer season only he can remove the savudu soil from the above said place. Hence, he may be permitted to move this writ petition before this Court. The respondent has filed counter statement and resisted the above writ petition on the following grounds. It is submitted that the petitioner Thiru.M.Annamalai has preferred an application to quarry 5000 lorry loads of Gravel from the P.W.D. tank comprised in S.F.No. 195 of Satharai Village, Thiruvallur Taluk. Based on the recommendations of the Executive Engineer, P.W.D. Kusasthalaiyar Basin Division, Thiruvallur, Tahsildar and Revenue Divisional Officer, Thiruvallur and the Assistant Geologist (G&M), Thiruvallur the application of the petitioner was considered and necessary permission was granted to quarry 3000 lorry loads of Gravel for a period of 30 days from 27.09.2010 to 31.10.2010 as per District Collector's Proceedings in Rc.No. 1001/2010/G&M -2, dated 27.09.2010 under Rule 12 of Tamil Nadu Minor Mineral Concession Rules, 1959.
(3.) IT is submitted that, during the lease period, the writ petitioner had obtained 1500 despatch slips to quarry gravel from the subject area. Having sought for quarrying permission and obtaining despatch slips, it is the liability of the petitioner to carryout quarrying operations within the stipulated lease period. Instead, the petitioner had sent a representation dated 14.10.2010 citing weather conditions and thereby his inability to carryout quarrying operations during the lease period. It is submitted that the Revenue and Public Works Department officials have recommended for the grant of permission to the applicant to quarry the balance quantity of savudu from the above tank.;