Justice K Kumaresh Babu directed the principal secretary of the department to pay Rs 20 lakh to Babu’s family, who were added as petitioners in 2020, and deposit the remaining amount in favour of the Chief Justice Relief Fund, within two months.
MADURAI: The Madurai Bench of Madras High Court recently ordered the Industries department to pay Rs 25 lakh cost for failing to obey an order passed by the court in 2010, directing the department to grant quarry permission to a man in a 10-hectare land in Tiruchy district.
Hearing a contempt petition filed by the man, N Babu (now deceased), in 2015, Justice K Kumaresh Babu directed the principal secretary of the department to pay Rs 20 lakh to Babu’s family, who were added as petitioners in 2020, and deposit the remaining amount in favour of the Chief Justice Relief Fund, within two months.
According to the order, Babu was granted lease to quarry sand in the above land for three years from December 2001 to December 2004. Subsequently, the state government passed a G.O. on October 1, 2003, taking over the operation of all sand quarries in the state.
The Supreme Court had upheld the validity of the said rule but permitted lessees, who were in existence on the above date, to continue quarrying operations for a limited period and also directed refund of unutilised lease amounts.
Based on this order, the Tiruchy collector granted licence to Babu to quarry sand for six months but the latter was unable to commence work as the forest department deferred the decision on their application seeking pathway permit for transporting sand. Since the six months expired, Babu requested extension of time, but the collector rejected it, against which the petitioners moved the High Court in 2008.
In 2010, HC advised Babu to first get pathway permission from the forest department and later approach the collector. Though Babu obtained the said permit, the collector continued to ignore his application, prompting him to file the contempt petition. The additional advocate general claimed that Babu was told to submit a mining plan and environmental clearance in 2015 but he failed to do so on time.
Rejecting the said stand, the judge pointed out that the said legal requirements arose only after the amendment of the Rules in 2015. A subsequent bar which came much after the orders were passed, cannot be put against the petitioner that too, when the timeline granted by the court had been violated, he added.
Since 15 years have passed and various officers were holding the posts of additional chief secretary to the government and Tiruchy collector during the said period, there would be no use in punishing the person who is currently holding office, the judge opined and passed the above order.
