The Madras High Court has taken exception to the filed affidavit by TNPCB officials, which is bereft of any details in Thadagam Valley Illegal Mining case. It warned the officials of contempt of court proceedings against them.
The Madras High Court has taken exception to the report filed on behalf of the 4th Respondent Tamil Nadu Pollution Control Board, which it found bereft of any details.
The court which heard the writ petition on the Thadagam valley illegal mining observed "We are prima facie satisfied that the very report does not reflect the affairs or otherwise the same indicate that there is a clear cloud of the Pollution Control Board officials with the violators".
"Despite the positive direction to conduct inspection, the Pollution Control Board despite finding that there was no license issued to them. Instead of closing down the units the report says that they have examined 23 units and there is no reference or mention with regard to the others" the court further said.
"We are not in a position to accept the Report in view of the casual reference and filing of such details without any actual inspection. In fact, though, we are of the view that it is a fit case to initiate contempt proceedings against the officer who filed the affidavit" the judge observed.
However the counsel appearing the 4th Respondent submitted that he will file all the reports in detail, in the next date of hearing.
"Only for the sake of such submissions of the learned counsel, the contempt proceeding is not initiated. If the report is not filed in the next hearing date, contempt proceedings will be initiated against the concerned officials" the court further observed and adjourned case for further hearing to December 22.
With respect to identifying the elephant corridors, it is submitted by the learned Amicus Curiae Santhanaraman that elephant corridor related to the Segur plateau, a committee has been constituted based on the directions of this Court, which submitted its report.
Based on that, G.O has been passed and the same was upheld by the Courts.
Learned Special Government Pleader seeks adjournment to get instructions whether the Government itself could constitute a committee taking note of the earlier guidelines and file a report on December 22.
The court which heard the writ petition on the Thadagam valley illegal mining observed "We are prima facie satisfied that the very report does not reflect the affairs or otherwise the same indicate that there is a clear cloud of the Pollution Control Board officials with the violators".
"Despite the positive direction to conduct inspection, the Pollution Control Board despite finding that there was no license issued to them. Instead of closing down the units the report says that they have examined 23 units and there is no reference or mention with regard to the others" the court further said.
"We are not in a position to accept the Report in view of the casual reference and filing of such details without any actual inspection. In fact, though, we are of the view that it is a fit case to initiate contempt proceedings against the officer who filed the affidavit" the judge observed.
However the counsel appearing the 4th Respondent submitted that he will file all the reports in detail, in the next date of hearing.
"Only for the sake of such submissions of the learned counsel, the contempt proceeding is not initiated. If the report is not filed in the next hearing date, contempt proceedings will be initiated against the concerned officials" the court further observed and adjourned case for further hearing to December 22.
With respect to identifying the elephant corridors, it is submitted by the learned Amicus Curiae Santhanaraman that elephant corridor related to the Segur plateau, a committee has been constituted based on the directions of this Court, which submitted its report.
Based on that, G.O has been passed and the same was upheld by the Courts.
Learned Special Government Pleader seeks adjournment to get instructions whether the Government itself could constitute a committee taking note of the earlier guidelines and file a report on December 22.