The State government has told the Madras High Court that an executive order issued by it early this year imposing various regulations on import of river sand, including the insistence on selling such sand only to the Public Works Department (PWD) and not to others, had now become a subordinate legislation following an amendment made to the Tamil Nadu Minor Mineral Concession Rules of 1959.
Appearing before the first Division Bench of Chief Justice Indira Banerjee and Justice Abdul Quddhose who were seized of a public interest litigation petition challenging the validity of the Government Order, Advocate-General Vijay Narayan said: “There is a development since this case was filed. The G.O. has now become Rule 38D of the Minor Mineral Concession Rules. Therefore, the petitioner’s prayer has become infructuous.” Objecting to such a submission, the petitioner’s counsel said the litigant had insisted upon staying the operation of the G.O. right at the admission stage of the PIL petition.
However, the court did not grant any such interim order. Now, the government could not cite the subsequent development as a reason to reject the case, she argued. The submissions were made when the counsel urged the court to give priority to the hearing in the case.
Against Centre’s policy
After hearing them, the Chief Justice said that both sides could make their submissions when the case comes up for hearing in the regular course. The PIL petition had been filed by L. Adimoolam, publisher of a Tamil daily, on several grounds. He had contended that forcing private importers of river sand to sell their consignment to the PWD was against the Export and Import policy of the Centre.
