Madras HC fines DMK ex-MP for filing case against quarries sans research
The bench directed the ex-MP to deposit the cost in the account of Little Heard Training Centre for Intellectual Disabled Boys, Dharmapuri.
R Thamarai Selvan
CHENNAI: The Madras High Court has fined former DMK member of Parliament R Thamarai Selvan Rs 4 lakh for filing petitions without proper research and causing damages to various parties. An advocate himself with a long service in HC, he was at the receiving end for taking the court "to a misadventure."
The first division bench of Chief Justice KR Shriram and Justice Senthilkumar Ramamoorthy held that despite the petitioner being an advocate with 32 years of standing in the High Court, the petitions were filed without research. The case was dismissed with costs for wasting the court's time.
The bench directed the ex-MP to deposit the cost in the account of Little Heard Training Centre for Intellectual Disabled Boys, Dharmapuri.
The fact of the case is that the petitioner, Thamarai Selvan, moved a batch of petitions challenging the notification issued by the district Collectors of Dharmapuri and Krishnagiri on various occasions, calling for tender to lease granite quarries in 17 places in the respective districts.
According to the petitioner, the notifications for the tenders are against the order issued by the Union Ministry of Mines. He submitted that in 2020, the Ministry of Mines set guidelines for all the states regarding quarrying minerals. As per the guidelines, the Tamil Nadu government should call the tender after getting pre-embedded clearance for the mines that are ready for the auction.
The petitioner claimed that the State failed to act upon Section 20-A of the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act).
Advocate General (AG) PS Raman, who appeared on behalf of the State, submitted that the guidelines will not bind the State for tendering minor minerals like granites.
The AG said that although it falls under the State government's domain, rule 8-A of the Tamil Nadu Minor Mineral Concession Rules, 1959, does not prescribe any pre-embedded environmental clearances.
The authority to frame rules for granting leases with respect to minor minerals, which would include granite and vests with the State government under Section 15 of the MMDR Act, added the AG and sought to dismiss the petitions.
