Pending interim orders help loot nation’s assets: Madras HC

Anything (minerals) under the earth belongs to the government and the people and no one can be allowed to extract them without adhering to rules, the judge said.
Madras High Court.
Madras High Court.

CHENNAI: Expressing concern over long delay in taking up cases related to taxes, duties, and exploitation of natural resources, the Madras High Court has said that nation’s properties are being looted with the help of interim orders that are pending for years.

Justice SM Subramaniam made the observations while disposing of a petition filed by Dalmia Refractories Limited seeking court’s order to government, to give nod for transporting mined minerals from a site to its factory. “The growing tendency is that in such writ petitions involving huge revenue, more specifically IT, Customs, Excise, Mines and Minerals etc., interim orders are in force for several years,” he said. The judge added, “The nation’s properties are being looted, misused or taken undue advantage of.”

The judge directed the registrar general to take note of undue delay in listing of cases under the pretext of misplacing of case bundles or other reasons, including corrupt activities, and wanted serious action taken against officials for lapses, negligence and dereliction of duty. He also directed the registrar general to instruct the registry to collect all those writ petitions and place them before the Chief Justice for speedy disposal. If necessary, special benches can also be constituted for speedy disposal of these cases, he said. The judge also asked the State to ensure filing of counters to vacate stays for expeditious hearing.

Anything (minerals) under the earth belongs to the government and the people and no one can be allowed to extract them without adhering to rules, the judge said. Acting on the petition seeking permission to move mined minerals from Terani village in Perambalur district, to its factory at Dalmiapuram in Tiruchy district, the judge directed the company to submit all required documents, including environmental clearance certificates, to authorities for considering the application.

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