9911796707
TMI Blog2013 (12) TMI 1652X X X X Extracts X X X X X X X X Extracts X X X X ..... intendent of Police took steps to seal the Petitioners' factory premises, vehicles and instruments so as to suspend the quarrying operations in respect of the above-mentioned quarries. The Petitioners, therefore, approached the Madras High Court by filing W.P. (MD) Nos.12441 and 12442 of 2012, which were heard by a learned Single Judge. 3. Before the learned Single Judge, the State also took up the stand that the order of sealing dated 9.8.2012 was illegal and could not be supported in law. Taking note of the stand taken by the State, the learned Single Judge observed as follows :- "124.` It is also admitted case of the respondents, that till date, even show cause notice with regard to cancellation of licences granted in favour of the petitioner has not been issued, therefore, there is absolutely no justification with the respondents, to stop the mining operation of the petitioner over the mines leased out to the petitioner, and thereby taking the right of livelihood of thousands of employees working in the firm." 4. After hearing all the parties, the learned Single Judge disposed of the writ petitions on 2.11.2012. The operative portion of the judgment reads as follows : "13 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uments, which are required for running of business). It is made clear that the petitioner will be entitled to get copies of the documents lying within the premises and permit the Investigating Officer to take away the Computers, Hard discs and other documents, which are required for the Investigation. This process shall be completed in three days and it should be completed on or before 09.11.2012 (Friday). 5. The Investigating Officer shall permit the petitioner to carry on their business. 6. With regard to the vehicles, equipments and other accessories seized by the authorities under the Motor Vehicles Act, or in criminal cases, it shall be open to the petitioner to take appropriate remedy in accordance with law for reasons thereof. No costs." 5. The State, aggrieved by the judgment of the learned Single Judge, preferred Writ Appeal (MD) Nos. 906 and 907 of 2012 before the Division Bench of the Madras High Court. While dealing with various directions given by the learned Single Judge, the State represented by the learned Advocate General, pointed out that, during the pendency of the writ appeals, suspension orders dated 14.12.2012 were issued under Section 19(2) of the Gran ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt materials to support the decision already taken when larger public interest is involved. This Court in Madhyamic Shiksha Mandal, M.P. v. Abhilash Shiksha Prasar Samiti found no irregularity in placing reliance on a subsequent report to sustain the cancellation of the examination conducted where there were serious allegations of mass copying. The principle laid down in Mohinder Singh Gill case is not applicable where larger public interest is involved and in such situations, additional grounds can be looked into to examine the validity of an order. The finding recorded by the High Court that the report of CBI cannot be looked into to examine the validity of the order dated 4-6-2004, cannot be sustained. 8. The Government and the District Administration received lot of complaints with regard to illegal quarrying in the Madurai District, which led the State Government directing the District Administration to verify the complaints. The District Collector inspected various quarries and submitted a preliminary report dated 19.5.2012. Subsequent to the preliminary report, the District Administration decided to conduct a comprehensive and scientific survey in all the 175 granite quarri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and that the lessees have carried out large scale unauthorized quarrying in the leasehold area and the adjoining non-leasehold area. The Commissioner of Geology and Mining vide its letter dated 6.12.2012 also recommended for further action. Consequently, under Sub-Rule (2) of Rule 19 of the Granite Conservation and Development Rules, 1999, the Government suspended the mining operations in respect of 78 granite quarries of Madurai District and, among the same, 20 quarries belong to the Petitioner firm were suspended on 14.12.2012 and the copies of the suspension orders were issued to the Petitioner firm. 11. Shri Harish Salve, learned senior counsel appearing for the Petitioners submitted that the Petitioner has already challenged the suspension orders in the Madras High Court in W.P. (MD) No.3829 of 2013 and the connected writ petitions and the Court has granted stay of the suspension orders and hence the Respondents should have permitted the Petitioners to operate the granite quarries in the leasehold area. Shri Salve also submitted that the show cause notices dated 25.2.2013 issued to the Petitioners are also under challenge in W.P. (MD) No.3012 of 2013 and other connected cases ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
