VETRIVEL MINERALS Vs. DEPARTMENT OF COMMERCE

JUDGEMENT

(1.) The petitioner in WP(MD) No.9589 of 2017, namely, M/s.Vetrivel Minerals(V.V.Minerals) is a quarry operator, quarrying, processing the Beach sand minerals and also exporting the same. This petitioner was issued with a licence/Letter of Approval under Special Economic Zone Act, 2005 to process and export minerals such as Garnet Illuminate Rutile, Zircon etc., The Assistant Development Commissioner, MEPZ Special Economic Zone by his order dtd. 28/12/2016 has suspended the manufacture and export activities of the petitioner's Company from warehouse, where letter of approval was granted to the petitioner's company. As against this suspension order, dtd. 28/12/2016, this petitioner has preferred an appeal before the Secretary, Ministry of Commerce and Industry and the Board of approval has rejected the appeal filed by this writ petitioner. Therefore, this petitioner has filed a writ petition in WP(MD) No.9589 of 2017 as against the suspension order of the Assistant Development Commissioner, MEPZ Special Economic Zone, dtd. 28/12/2016 and the orders of the Appellate Authority/Board of approval dtd. 8/3/2017.

(2.) The petitioner in WP(MD) No.9806 of 2017, namely, M/s.Transworld Garnet India Private Ltd., a 100% export oriented Unit was issued with a Letter of Permission under the Foreign Trade (Development and Regulation) Act, 1992 by the Assistant Development Commissioner, Madras Export Processing Zone, Special Economic Zone & HEOUs, for processing and exporting garnet in the year 1995. The Assistant Development Commissioner, MEPZ Special Economic Zone / the third respondent herein has suspended the Letter of Approval granted to the petitioner by order dtd. 28/12/2016. Challenging the suspension order, the petitioner has filed an appeal before the Director General of Foreign Trade, Ministry of Commerce and Industry on 23/1/2017 and the same was refused and returned to the petitioner. Aggrieved over the same, the petitioner, M/s.Transworld Garnet India Pvt Ltd has filed this Writ petition in WP(MD) No.9806 of 2017.

(3.) Since both the writ petitions are filed challenging the orders of suspension, these writ petitions are taken up together for disposal. Pending these writ petitions, the petitioners in both writ petitions have jointly filed another writ petition in WP(MD) No.11137 of 2017, challenging the orders of the District Collector, Tuticorin, dtd. 22/3/2017, directing the Taluk Level Committee to take stock of the minerals, beach sand minerals in the petitioners' lease hold area and godown, processing units and the warehouses under the Special Economic Zone. The District Collector, Tuticorin by his impugned order has also directed the Taluk Level Committee to lock and seal the godown of the petitioners.