- (1.) These Special Leave Petitions arise out of a common judgment and order dated 15.2.2013 passed by the High Court of Judicature at Madras in W.A. (MD) Nos.906 and 907 of 2012. The Petitioner is a registered partnership firm, engaged in the manufacture of dimensional granite blocks, slabs, tiles, monuments etc. and has set up its factory for cutting and polishing of granite in Therkkutheru Village, Madurai District. The Petitioner firm, it is stated, is 100% export oriented unit, recognized by the Madras Export Processing Zone. The Petitioner firm is having 55 granite quarries leased in the Madurai District measuring about 584.83 acres.
(2.) Alleging that the Petitioner firm had indulged in unauthorized quarrying, the Respondent officials as well as the District Collector and Superintendent of Police took steps to seal the Petitioners' factory premises, vehicles and instruments so as to suspend the quarrying operations in respect of the above-mentioned quarries. The Petitioners, therefore, approached the Madras High Court by filing W.P. (MD) Nos.12441 and 12442 of 2012, which were heard by a learned Single Judge.
(3.) Before the learned Single Judge, the State also took up the stand that the order of sealing dated 9.8.2012 was illegal and could not be supported in law. Taking note of the stand taken by the State, the learned Single Judge observed as follows :- "124.Rs. It is also admitted case of the respondents, that till date, even show cause notice with regard to cancellation of licences granted in favour of the petitioner has not been issued, therefore, there is absolutely no justification with the respondents, to stop the mining operation of the petitioner over the mines leased out to the petitioner, and thereby taking the right of livelihood of thousands of employees working in the firm.";