The Madras High Court on Monday declined to interfere with an interim order passed by a single Judge directing the Customs authorities to issue necessary sail order to a vessel, m.v. Asean Express, carrying river sand, to leave Karaikal port to the Republic of Maldives.
When an appeal preferred by the Nagapattinam Collector came up for hearing before the First Bench comprising Chief Justice H.L. Gokhale and Justice K. Venkataraman, S. Sundara Krishnan, a partner of Krishna and Company, an authorised export house inter alia dealing in export of river sand to the Maldives, gave an undertaking that he would not procure river sand from Tamil Nadu or river sand which had been moved from Tamil Nadu for any further export.
The Bench said that in view of the undertaking in these facts and circumstances, it was leaving undisturbed the interim order.
The Bench specified that the bank guarantee, for the value of the sand (3,750 tonnes), would be Rs.16 lakh.
The guarantee would be of a nationalised bank, which would be kept alive throughout the pendency of the proceedings.
The guarantee would clearly state that in the event of the writ petition being dismissed, the State government would be entitled to encash the guarantee with interest.
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