The Madras High Court on Tuesday imposed Rs.10,000 in costs on the Tamil Nadu government while dismissing its petition against the appointment of U. Sagayam, an IAS officer, as a Special Officer/Legal Commissioner to inspect mines and submit a report to the court.
The First Bench, of Chief Justice S.K. Kaul and Justice M. Sathyanarayanan, directed the government “to do the needful,” as requested by the officer, within four days. If there was any impediment or lack of assistance from the government, Mr. Sagayam was free to move the court.
Originally, K.R. Ramaswamy alias ‘Traffic’ Ramaswamy filed a public interest litigation petition, alleging that there was rampant illegal quarrying of mines in the State. Even Bhoomidhan land given to the SCs/STs in Madurai and Pudukottai districts, government poromboke and patta lands had been grabbed by quarry owners. He sought a directive to appoint Mr. Sagayam, a former Madurai Collector, to inspect the mines.
On September 11, by an interim order, the First Bench appointed Mr. Sagayam to inspect the mines and submit a report within two months. The Chief Secretary filed the present review petition.
The Chief Secretary submitted that the appointment ran counter to provisions of the Mines and Minerals (development and regulations) Act and rules. The government had taken steps to cancel and suspend mining leases based on the Collectors’ reports. However, the lessees stalled the action by filing petitions in the High Court, and the court passed interim orders on some of them.
Ordering a government officer to conduct inspection and submit a report to the court amounted to usurping the State’s powers. There was nothing left for Mr. Sagayam to contribute to the inquiry, and his inspection would not serve any purpose. It would only stall the steps taken to curb illegal mining and derail the action proposed, he said.
The court posted for December 22 further hearing of Mr.Ramaswamy’s petition.
