Judgment :-

K.S. Radhakrishnan, J.

1. These Special Leave Petitions arise out of a common judgment and order dated 15.2.2013 passed by the High Court of Judicature at Madras in W.A. (MD) Nos.906 and 907 of 2012. The Petitioner is a registered partnership firm, engaged in the manufacture of dimensional granite blocks, slabs, tiles, monuments etc. and has set up its factory for cutting and polishing of granite in Therkkutheru Village, Madurai District. The Petitioner firm, it is stated, is 100% export oriented unit, recognized by the Madras Export Processing Zone. The Petitioner firm is having 55 granite quarries leased in the Madurai District measuring about 584.83 acres.

2. Alleging that the Petitioner firm had indulged in unauthorized quarrying, the Respondent officials as well as the District Collector and Superintendent 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 :

“130. However, at the same time, the fact cannot be lost sight off that there are number of cases registered against the partners of the petitioner firm, and there are serious allegations of illegal mining worth of crores of rupees. Further more, in the writ petitions, the positive stand of the writ petitioner is, that the petitioners are willing to co-operate with the investigation of criminal cases in respect of furnishing all documents, records, books of accounts which are sealed by the authorities in their presence, and has further undertaken not to tamper with any records, and will not destroy any evidence whatsoever. The petitioner has also undertaken not to threat any witnesses in the investigation. Therefore, a blanket order to be passed in favour of the petitioner may hamper the investigation, which cannot be permissible in law.

131. Therefore, in order to settle equity, these writ petitions are disposed of with the following directions:-

1. The respondents shall permit the petitioner to continue the quarry operations over the leased property strictly in terms of the lease, which is admittedly in force. It shall be, however, open to the respondents to take appropriate action by following due process of law under The Mines & Minerals (Development & Regulation) Act, 1957 and the Rules framed thereunder, if so advised ;

2. The respondents shall henceforth release the bank accounts and to allow the petitioner to carry on his business in accordance with law. However, it shall be the duty of the petitioners to submit fortnightly Statement of Accounts to the Investigating Officer;

3. That the order restraining the export and import by the Investigating Officer is ordered to be quashed and it is directed that the respondents shall not interfere in the export and import on valid documents by the petitioner.

4. That the seal of the administrative building be opened, after the Investigating Officer takes in possession of the documents, the computers, hard discs, e