Madras High Court today dismissed a review application filed by the Tamil Nadu Government against its order appointing former Madurai District Collector U Sagayam as Special Officer/Legal Commissioner to check illegal granite mining in the district.
The first bench comprising Chief Justice Sanjay Kishan Kaul and Justice M Sathyanarayanan refused to review its September 11 order, appointing Sagayam to inspect the mines to satisfy itself of the action being taken on illegal quarrying. The court also imposed a cost of Rs 10,000 on the government.
The review application was filed by the Chief Secretary and Secretaries of Industries and Home Departments, seeking review of the HC order of appointing Sagayam, saying it was completely beyond the scope of the prayers in representations by petitioner 'Traffic' Ramaswamy on May 15, 2014 and August 25, 2012 to many authorities, including these secretaries, to appoint the IAS officer to the post.
The government submitted that actions taken by it be considered based on reports submitted by District Collectors by cancellation of leases, suspension of quarry operations, levy of penalty and launching of prosecution.
The government contended that ordering a state officer to conduct inspection and submit a report without consulting it amounted to 'infringing' and 'usurping' the executive powers of the state. It further submitted that the government has already taken proactive measures and completed the enquiry in spite of the litigations and pending cases in various courts.
Inspections had been completed in all 175 granite quarries in Madurai and nothing was left for Sagayam to contribute to the enquiry at present.
It alleged that appointing an All India Service Cadre Officer without verifying if there would be any administrative impediment in sparing his services and unilaterally appointing him without any consultation or concurrence of the Cadre Controlling Authority was an 'intrusion' of the Judiciary into the domain of the executive.
This was clearly against the spirit of the separation of power enshrined in the Constitution and should be adhered to as part of the Basic Structure, the government said.
The first bench while dismissing the review application also directed the government to allot necessary funds and infrastructure sought for by the Sagayam within four days.
It also directed the government to give sufficient security with gunman to Sagayam and gave him liberty to approach the court if he faces any impediment or lack of assistance from the government. The bench then posted the matter for further hearing to December 22.
