HC voices anguish, pain at possible abuse of PIL proceedings

More than a year after a PIL was filed in the Madras High Court alleging that rare earth beach minerals worth over Rs one lakh crore had been plundered by some private firms in Tamil Nadu, the first bench today voiced anguish and pain at the possible abuse of PIL proceedings.
"We must express our great anguish and pain at the manner in which PIL forum is sought to be utilized by the petitioner herein having a direct interest in the subject matter and the parties concerned," the first bench, comprising Chief Justice Sanjay Kishan Kaul and Justice Pushpa Sathyanarayana said.

Referring to the fact that the PIL had been filed by a scientist G Victor Rajamanickam without any material to prove the grave charges, the judges said the fact that an educated, qualified expert should do this in this matter was of even greater concern, as it was not an uneducated person who has approached the jurisdiction of the court.
Rajamanickam had submitted that Tamil Nadu government had allowed Tuticorin-based V V Minerals and others to export 4.55 lakh metric tonnes of placer minerals like garnet, radioactive monazite, zircon, leucoxene and sillimanite by modifying 16 existing mining leases without reference to the Centre.

He charged the government with having violated the Atomic Energy Act by including monazite and other banned minerals in 16 mining leases given to V V Minerals in Tirunelveli district.
When the case came up for hearing today, counsel for V V Minerals submitted that the petitioner had levelled baseless allegations without disclosing material facts.

The petitioner's counsel kept on arguing on merits of the case and levelled many charges against the beach sand mining baron.
This prompted the bench to say that counsel for the petitioner seeks to raise and make a submission.
"When we were inclined to proceed with the order, he said he would like to obtain instructions from the petitioner. In view of objections raised by senior counsel for Vaikuntarajan whether the petitioner would like to tender an unqualified apology for his conduct and failure to disclose material facts in the petition, he seeks deferment by two days."

The case has been listed for December 17.