The Madurai Bench of the Madras High Court today reserved orders on a petition filed by an officer, probing the granite scam, against the order of a single judge directing him to send clarification letter to Port authorities and others relating to freezing of accounts of firms.
A Division Bench of Justice S.Tamilvanan and Justice V.S.Ravi reserved orders on the appeal filed by the officer investigating the granite scam allegedly committed by PRP Granites and PRP Exports.
The officer filed an appeal against the order of the single judge that he should send a clarification letter to Port authorities (Chennai and Tuticorin), RBI and other banks, clarifying that his letters pertaining to freezing accounts and lifting of illegally quarried stones pertained to quarries in Madurai district and not other districts where there was no prohibition.
The Investigating Officer submitted that the interim direction of the single judge, asking him to give clarification and allow export of blocks from other districts, was actually the main prayer of the petitioners(PRP granites), and the single judge had actually granted the main prayer, which was wrong.
The order amounted to allowing the writ petition without any opportunity to the I.O to file his counter.
The court failed to consider that freezing the bank accounts and requesting the ports on lifting the illegally quarried stones (not to ship them) could not be termed illegal. The accused could not dictate the I.O to issue such a clarification, the officer submitted.
The judge had ordered to issue clarification order without ascertaining whether the petitioners were having quarries in other districts and if there were violations in those quarries. The respective district officials also had not been enquired about the illegal mining by the companies.
Without arraigning the necessary parties, the court could not ask the I.O.To issue a clarification. The final relief had been granted at an interim stage without justifiable reasons, it was contended.
The investigation of the case was completely under the domain of police and court had no power or authority or jurisdiction to direct the I.O, it was submitted.
The petitioners had committed large-scale violations and had not carried out the quarry operation as per their mining plan and illegally quarried granite worth Rs 12390.460 crore. The requests made to port authorities were against not only petitioner firms but nine other quarry operators. Hence, the single judge's order should be set aside, it was submitted.
