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TN challenges order allowing firm to continue quarrying

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Press Trust of India Madurai

A Division Bench of Justice K N Basha and Justice Devadoss posted the government's plea for hearing tomorrow.

The Government submitted that the single judge had granted relief concerning the export-Import License as well as defreezing of bank accounts, without appreciating the fact that the main prayer of the petitioner (PRP exports) was for removal of seal on its office as well return of property including vehicles seized.

It alleged that the Judge had erred in exercise of his jurisdiction, by granting other reliefs like de-sealing the building, in the face of various serious illegalities committed

by PRP exports and PRP Granites resulting in statutory violations, which were also observed by the same court in its impugned order.

 

Overlooking the fact that the preliminary investigation was still on, the Judge had observed that the investigations conducted by Police were faulty, it said.

The building was locked only to prevent the accused from tampering with documents and influencing witness. The cases had been registered under criminal law, and hence the Judge should not have entertained the PRP granites' plea.

The Judge ought not to have directed to release the bank accounts without there being a prayer for it in the same writ petition. The petitioner had not challenged the action of the authorities freezing the accounts.

Similarly, the petitioner had not sought any relief regarding the Investigating officer restraining the export and import business of the PRP exports.

  

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First Published: Nov 05 2012 | 9:15 PM IST

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