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2019 Supreme(Mad) 2197

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.K. ILANTHIRAIYAN, J.
M/s. PRP Exports, Rep. by its Partner, P. Senthilkumar – Petitioner
Versus
The Superintendent of Police, Madurai (Rural), Madurai & Others – Respondents
W.P. (MD) No. 5213 of 2019
Decided On : 15-11-2019

Advocates Appeared:
For the Petitioner:Mohan Parasaran, Senior Counsel, R. Parthasarathy, Advocate.
For the Respondent:A. Natarajan, State PP assisted by R. Anandharaj, APP, R. Rajagopal, Standing Counsel, T. Lajapathiroy, S. Suresh for M/s. Aiyan & Dolia, V.P. Rajan, Advocates.

The central legal point established in the judgment is that the petitioner's quarrying activities were illegal and in violation of the Mines and Minerals (Development & Regulation) Act, 1957.

Headnote:

Mandamus - Clarification Letters to Port Authorities and Banks - Tamil Nadu Minor Mineral Concession Rules, 1959, Mines and Minerals (Development & Regulation) Act, 1957 - The court discussed the issuance of clarification letters to the Port authorities and banks, the petitioner's quarrying operations, and the legal provisions under the Tamil Nadu Minor Mineral Concession Rules, 1959 and the Mines and Minerals (Development & Regulation) Act, 1957.

Fact of the Case:

The petitioner sought a writ of mandamus to direct the 2nd respondent to send clarification letters to the Port authorities and banks, clarifying the scope of the letters issued and the impediment for the petitioner to operate bank accounts for its business.

Finding of the Court:

The court found that the petitioner's quarrying operations were subject to criminal cases and investigations, and the government had suspended the mining operation in several granite quarries, including those belonging to the petitioner. The court also noted that the petitioner's factory was constructed without permission from the government and that the petitioner had been involved in illegal quarrying activities.

Issues: The issues involved the legality of the petitioner's quarrying operations, the freezing of bank accounts, and the government's actions in suspending the mining operation in the quarries.

Ratio Decidendi: The court held that the petitioner's quarrying activities were illegal and in violation of the Mines and Minerals (Development & Regulation) Act, 1957. The court also noted that the government had suspended the mining operation in the quarries belonging to the petitioner.

Final Decision: The writ petition was dismissed, and the court found that there was no change in circumstances to warrant a different outcome from previous decisions. The petitioner's quarrying activities were found to be illegal, and the petition was deemed devoid of merits.

JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the 2nd respondent to send clarification letters to the Port authorities of Chennai and Tuticorin and to the Manager, Indian Bank, Madurai, the Manager, State Bank of India, Commercial Branch, Madurai and to the manager, Indian Bank (MEPZ) Chennai, clarifying that the letters issued to the Chennai Port Trust and Tuticorin Port Trust on 21.08.2012 and letters issued to the said banks on 28.08.2012 and 29.08.2019 are pertaining to the quarries situated in Madurai District only and in respect of the specified bank account numbers and also clarifying that there is impediment for the petitioner to operate the bank accounts in respect of the petitioner's business (i) to procure granite blocks from the other leasehold granite quarrying operators within the State and Inter State and (ii) to import granite blocks from foreign countries and to produce dimensional granite blocks, slabs, tiles and other articles of granite in the factory of the petitioner's firm in Therkkuthery and Narasingampatti Village, Melur Taluk, Madurai District and to export and to sell the same in the Domestic Tariff Area on the basis of the petitioner's representation to the 2nd respondent dated 20.08.2018 and in accordance with law.)

1. This writ petition has been filed for issuance of a Writ of Mandamus, to direct the 2nd respondent to send clarification letters to the Port authorities of Chennai and Tuticorin and to the Manager, Indian Bank, Madurai, the Manager, State Bank of India, Commercial Branch, Madurai and to the manager, Indian Bank (MEPZ) Chennai, clarifying that the letters issued to the Chennai Port Trust and Tuticorin Port Trust on 21.08.2012 and letters issued to the said banks on 28.08.2012 and 29.08.2019 are pertaining to the quarries situated in Madurai District only and in respect of the specified bank account numbers and also clarifying that there is impediment for the petitioner to operate the bank accounts in respect of the petitioner's business (i) to procure granite blocks from the other leasehold granite quarrying operators within the State and Inter State and (ii) to import granite blocks from foreign countries and to produce dimensional granite blocks, slabs, tiles and other articles of granite in the factory of the petitioner's firm in Therkkuthery and Narasingampatti Village, Melur Taluk, Madurai District and to export and to sell the same in the Domestic Tariff Area on the basis of the petitioner's representation to the 2nd respondent dated 20.08.2018 and in accordance with law.

2. The submissions of the learned senior counsel appearing for the petitioner are as follows :

2.1. The petitioner's firm is an export oriented Unit recognized by the Madras Export Processing Zone under the Ministry of Commerce and Industries, Government of India, New Delhi. The petitioner engaged in manufacture of dimensional granite block, slab, tiles, monuments and other articles of granites. They set up a factory for cutting and polishing of granite in Therkkutheru and Narasingampatti village, Melur Taluk, Madurai District since 2005.

2.2. While being so, criminal cases have been registered as against the petitioner in connection with Madurai District granite quarrying issues. In pursuant to the cases, the 2nd respondent directed the Port Trust authorities of Chennai and Tuticorin to withhold all the transport of Carco till the completion of investigation. The letters issued on the strength of FIRs registered in crime Nos. 155/12, 157/12, 171/12, 175/12 on the file of Keelavalavu Police Station and crime No.411/12 on the file of Othakadai Police Station, Madurai District. The 2nd respondent also issued letter dated 28.08.2012 and 29.08.2012 to the Manager, Indian Bank, Madurai, The Manager, State Bank of India, Commercial Branch, Madrurai, The Manager, State Bank of India, Multi City Cheque, Madurai and The Manager, Indian B

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