K.S.P.Gunasekaran v. The District Collector, Chengalpattu District at Kancheepuram.2.The Assistant Director, Mines & Minerals

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 06.11.2006CORAM :THE HONOURABLE MR.JUSTICE K.RAVIRAJA PANDIANWRIT PETITION NO.38931 OF 2006& MP.NO.1 OF 2006K.S.P.Gunasekaran..PetitionerVs1.The District Collector, Chengalpattu District at Kancheepuram. 2. The Assistant Director, Mines & Minerals, Geology & Mining Kancheepuram District...RespondentsPETITION under Article 226 of The Constitution of Indiapraying for the issuance of a Writ of Mandamus directing therespondents to allow the lease period as the fullest period upto18.8.2007 as per the orders passed in WP.No.5118 of 2000 dated16.4.2001 in survey No.127/1 quarry No.2, Edarkundram Village, Chengalpattu Taluk. For Petitioner : Mr.V.R.KarthikeyanFor Respondents : Mr.R.Thirugnanam, SGPO R D E RThe petitioner seeks for the issuance of a Writ of Mandamus asstated above on the ground that after the lease granted in favourof the petitioner, from December 2001 to April 2002, in view ofcertain legal proceedings initiated by the local people, thepetitioner was not able to quarry. Further, for a period of sevenmonths from 21.7.2004 onwards, the petitioner was not able toquarry in view of the direction issued by the Director of MinesSafety. Hence, for the total period of 11 months, the petitioner’slease has to be extended. With the above averments, the writpetition has been filed. https://hcservices.ecourts.gov.in/hcservices/

I have heard the learned counsel on either side and perusedthe materials on record.

This Court need not dilate the matter in detail about thegrant of lease and the period of lease, as the issue involved is asto whether the petitioner is entitled to get extension of theperiod for which he stated to have not quarried.

In respect of the first spell of four months i.e from December 2001 to April 2002, the reasoning stated for not carryingon the quarrying operation is due to the disturbance given by thevillagers by filing a writ petition and a writ appeal. It is notthe respondents, who were responsible for filing the writ petitionand the writ appeal. If at all the petitioner is the person, who isto defend the same and get it vacated. It is well settled that thepetitioner has to put his own affairs in a proper manner, if anydifficulty arises in carrying on the quarrying operation because ofany third parties and not at the instance of the Government, therespondents are not legally liable to extend the period. Thisproposition is taken and followed by this Court in a catena ofcases. Hence, the first spell of four months from December 2001 to April 2002 cannot be granted, as the petitioner is not legallyentitled to the same.

In respect of the second spell of seven months, equally, the respondents are not responsible for the same. While grantinglease in favour of the petitioner and while executing the leasedeed also, all the safety measures the petitioner has to take havebeen incorporated. Clause 15 of Appendix 1 (originally it was Appendix 2) to the Tamilnadu Minor Mineral Concession Rulesprovides that the lessee shall abide by the conditions laid down inthe Payment of Wages Act, 1936 (Central Act IV of 1936); the MinesAct, 1952 (Central Act XXXV of 1952) and the Indian Explosives Act,1884 (Central Act IV of 1884). The Mines Act, 1952 includes the Metalliferous Mines Regulations, 1961, which have not been followedby the petitioner by not providing benches, while conductingquarrying operation, such non-providing of benches is stated tohave caused death of a person and injuries to other employees. Inorder to set right the way of quarrying by providing benches andalso to follow the safety measures, the Director of Mines Safetyissued the proceedings dated 21.7.2004 due to the infraction ornon-following of the provisions of the Mines Act, 1952 by thepetitioner himself. This is also not be attributable to therespondents. For the foregoing reasons, this Court is not able toconcur with the arguments advanced by the learned counsel for thepetitioner for extension of the lease period for the second spellalso. https://hcservices.ecourts.gov.in/hcservices/