Madurai

HC orders interim injunction restraining Tirunelveli district administration from stopping stone quarry operations

The Madurai Bench of the Madras High Court said if the orders were non-speaking or bereft of reasons, it would not be possible for the appellate authority or the court to test them.

The Madurai Bench of the Madras High Court said if the orders were non-speaking or bereft of reasons, it would not be possible for the appellate authority or the court to test them.

The Madurai Bench of the Madras High Court has granted an interim injunction restraining Tirunelveli district administration from stopping stone quarry operators from operating their units in the district. The district administration had passed an oral order in this regard.

The district administration ordered the closure of all quarries and crusher units following the stone quarry accident at Adaimithippankulam, in which four workers died and two workers sustained serious injuries, in May.

The court was hearing a batch of petitions filed by stone quarry operators from Tirunelveli district, who said the right to carry on business was a fundamental right guaranteed under the Constitution. It could be interfered with only in the manner known to law. They complained that without any basis a blanket oral order had been passed by the authorities.

Justice G.R. Swaminathan observed that if a written order had been passed, then the court would be in a position to test the validity and correctness of the same. It had been repeatedly emphasised that public orders should be self-speaking.

If the orders were non-speaking or bereft of reasons, it would not be possible for the appellate authority or the court to test them. In the present case, no order had been passed. Therefore, the position was much worse. Prima facie a case was made out. There should be an order of interim injunction and interim direction, the judge said and adjourned the hearing in the case till August 2.


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Printable version | Sep 20, 2022 12:14:32 pm | https://www.thehindu.com/news/cities/Madurai/madras-high-court-orders-interim-injunction-restraining-tirunelveli-district-administration-from-stopping-stone-quarry-operations/article65647910.ece