TMI Blog2011 (7) TMI 1049X X X X Extracts X X X X X X X X Extracts X X X X ..... asis on the determination of the contract period agreed upon by the parties. Courts cannot enlarge the period by granting interim orders. The interim order granted on June 8, 2011 is vacated. Consequently, for the reasons stated supra, the writ petition filed after the expiry of the period is liable to be dismissed and hence dismissed. - W.P. (MD). No. 5397 of 2011, M.P. (MD). Nos. 1, M.P. (MD). Nos. 2 of 2011 - - - Dated:- 6-7-2011 - MANIKUMAR S. JJ. ORDER Though the petitioner has obtained an order of status quo on April 29, 2011, in the present writ petition filed after the expiry of contract period, i.e., March 12, 2011, Mr. Veerakathiravan, learned counsel for the petitioner, states that he is not ready to make submission on the writ petition. Nevertheless, considering the averments and the nature of the order passed by this court, this court is inclined to consider the merits of the case, with reference to the impugned order which clearly states that the raising agent agreement for Keelavalavu (297/5) D portion ends on March 12, 2011. Pleading and the material on record show that the Government of Tamil Nadu issued an order granting lease in favour of the Ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e following reasons. Pleadings and material on records disclose that the petitioner had entered into an agreement with TAMIN, Government company on March 13, 2008 to writ that; (a) The raising agent shall carry out large scale development work and give a continuous and maximum production as assured by him from Keelavalavu 297/5 Portion-D while granite quarry over an extent of 2.76.0 hectares subject to a production of 500 CBM per month of approved production. (b) The raising agent shall actually deploy the machineries in the quarry as assured. (c) The production shall be only of bigger size blocks avoiding wastage of material. (2) . . . (3) The raising agency shall deploy machineries like excavators, dozers, tippers, cranes and compressors for production of blocks. and subject to other conditions contended in the agreement. Clause 10 of the agreement, dated March 13, 2008, states that the raising agency period is for three years from March 13, 2008 to March 12, 2011 as per tender and renewal is at the sole direction of TAMIN. The performance will be reviewed in three months and if the raising agent has violated any of the conditions and found guilty of any se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be binding on the party making it and that party should not be permitted to go back upon it, if it would be inequitable to allow him to do so, having regard to the dealings, which have taken place or are intended to take place between the parties. 12. It has been settled by this court that the doctrine of promissory estoppel is applicable against the Government also particularly where it is necessary to prevent fraud or manifest injustice. The doctrine, however, cannot be pressed into aid to compel the Government or the public authority 'to carry out a representation or promise which is contrary to law or which was outside the authority or power of the officer of the Government or of the public authority to make'. There is preponderance of judicial opinion that to invoke the doctrine of promissory estoppel clear, sound and positive foundation must be laid in the petition itself by the party invoking the doctrine and that bald expressions, without any supporting material, to the effect that the doctrine is attracted because the party invoking the doctrine has altered its position relying on the assurance of the Government would not be sufficient to press into aid the doc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e any clear, sound and positive averment as to which officer of the Government, when and in what manner gave the assurance to the appellant or any of his colleagues that they would be promoted as lecturers. It was also not stated that the appellant had, at any time, acting upon the promise, altered his position, in any manner, specially to his detriment. Bald pleadings cannot be made the foundation for invoking the doctrine of promissory estoppel. (emphasis1 supplied) In Union of India v. Ganesh Rice Mills reported in [1998] 9 SCC 630, the Supreme Court was pleased to consider whether the statement made by the honourable Finance Minister on the floor of the house should be held to be binding and the Union was estopped from realising the disputed cess. The short judgment of the above case is extracted hereunder: 2. The only point decided by the High Court is that the Finance Minister's statement on the floor of the house must be held to be binding and the Union was stopped from realising the disputed cess from the appellants. It has been stated that the writ petitioner had acted to his prejudice on the basis of the promise made by the Finance Minister. We are of the view ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e from its promise when public interest would be prejudiced if the Government were required to carry out the promise, (f) the court will not apply the doctrine in abstract. However, since the judgments have been cited, we may notice the law laid down therein. 36. . . . 37. In Bakul Cashew Co. v. Sales Tax Officer reported in [1986] 62 STC 122 (SC); [1986] 2 SCC 365 it is observed that: '5. . . . In cases of this nature the evidence of representation should be clear and unambiguous. It must be certain to every intent . The statements that are made by ministers at such meetings, such as, let us see , we shall consider the question of granting of exemption sympathetically , we shall get the matter examined , you have a good case for exemption , etc. even if true, cannot form the basis for a plea of estoppel . . .' In Sharma Transport v. Government of A.P. reported in [2002] 2 SCC 188, it is observed that: '13 . . . There is preponderance of judicial opinion that to invoke the doctrine of promissory estoppel, clear, sound and positive foundation must be laid in the petition itself by the party invoking the doctrine and that bald expressions, without a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
