Petitioners challenged a mining license as illegal. Court noted failure to verify land nature for agricultural use under Rule 38-A. Court closed petition but directed authorities to verify land nature and conduct inspections to prevent illegal extraction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(MD)No. 10708 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM W.P(MD)No. 10708 of 2020 and W.M.P.(MD).No.9431 of 2020
1.K.Ranjagam 2.S.S.Ramasamy 3.B.Namakshivayam 4.S.P.Vishwanathan 5.K.R.Kanagaraj 6.K.R.Vellaichamy 7.K.R.Shanmuganathan ... Petitioners Vs. 1.The Director of Geology and Mining O/o. The Director of Geology and Mining, Alandur Road, Guindy Industrial Estate, Guindy, Chennai-32. 2.The Commissioner, Department of Geology and Mining, Thiru Vi.Ka.Industrial Estate, Guindy, Chennai-32. 3.The Assistant Director of Geology and Mining O/o. The Assistant Director of Geology and Mining, Collectorate Campus, Sivagangai District. 4.The District Collector, Sivagangai District, Sivagangai. 5.The Superintendent of Police, Sivagangai District, Sivagangai. 6.The Public Works Department, rep. By its Executive Engineer, Devakottai Taluk, Sivagangai District. 7.K.Karthikeyan ... Respondents
1/5
W.P(MD)No. 10708 of 2020
Prayer: Writ petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Declaration to declare the license issued to respondent No.7 for mining sand in S.No.170/1 and 168/1A, 1681B of Kallangudi Village, Periyakarai Post, Devakottai Taluk, Sivagangai District as illegal and consequently forbear the indiscriminate sand mining by the respondent No.7 in the patta lands in S.No.170/1 and 168/1A, 1681B of Kallangudi Village, Periyakarai Post, Devakottai Taluk, Sivagangai District within the time frame stipulated by this Court.
For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.K.P.Krishnadoss Special Govt. Pleader for RR-1 to 6
ORDER
(Order of the Court was made by M.SATHYANARAYANAN, J. )
The writ petition is styled as a Public Interest Litigation, filed by a resident of Kallangudi Village, Periyakarai Post, Devakottai Taluk, Sivagangai District as well as others and according to him, the private respondent is resorting to indiscriminate mining of the sand and earth in the patta lands in S.Nos.170/1 and 168/1A, 1681B of Kallangudi Village, Periyakarai Post, Devakottai Taluk, Sivagangai District other than the permissible extent. Further, according to him, for transportation of sand, daily, 50 lorries are being used and that apart, there are illegal mining of the sand/earth.
3.Mr.K.P.Krishnadoss, learned Special Government Pleader, who accepts notice on behalf of the respondents 1 to 6 has invited the attention of this Court to the proceedings of the fourth respondent, dated 15.06.2020 in Na.Ka.No.M.2/144/2020 and would submit that the land was owned by the 7th respondent and the fourth respondent granted permission to one Rathnavel, S/o.Soundarajan to take the “Ubari gravel” sand and after causing inspection, the https://hcservices.ecourts.gov.in/hcservices/ permission was granted to level the earth in Sy.No.170/1
2/5
W.P(MD)No. 10708 of 2020
admeasuring to an extent of 0.70.0 hectares and also to take 6300 cubic metres of the said sand, subject to certain conditions. It is the further submission of the learned Special Government Pleader that in the light of the complaint received, inspection was also caused by the Kallangudi Group Village Administrative Officer, who found that the conditions of permission/licence have been strictly complied with and as such, the allegations levelled by the petitioner is wholly unfounded and prays for dismissal of the writ petition.
3/5
W.P(MD)No. 10708 of 2020
Officials shall also cause regular as well as surprise inspection to see whether any illegal extraction of the sand other than the permissible depth and quantity is taken and whether the neighbouring lands are being used for the purpose of illegal extraction of sand mining and shall take immediate and necessary action, including the acts of criminal prosecution, departmental action against the erring officials and seizure of vehicles, which are used for transportation and exploitation of the illegal extraction of sand/earth.
Assistant Registrar (CS-I)
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
VS
Note:
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.
To
1.The Director of Geology and Mining O/o. The Director of Geology and Mining, Alandur Road, Guindy Industrial Estate, Guindy, Chennai-32.
2.The Commissioner, Department of Geology and Mining, Thiru Vi.Ka.Industrial Estate, Guindy, Chennai-32.
4/5
W.P(MD)No. 10708 of 2020
3.The Assistant Director of Geology and Mining O/o. The Assistant Director of Geology and Mining, Collectorate Campus, Sivagangai District.
4.The District Collector, Sivagangai District, Sivagangai.
5.The Superintendent of Police, Sivagangai District, Sivagangai.
6.The Executive Engineer, Public Works Department, Devakottai Taluk, Sivagangai District.
+1 CC to Mr.T. LAJAPATHI ROY, Advocate ( SR-15880[F] dated 03/09/2020 )
+1 CC to SGP ( SR-15815[F] dated 03/09/2020 )
W.P(MD)No. 10708 of 2020 02.09.2020
KM (09.09.2020) 5P 9C
5/5
3 issues framed by the court
Whether the authorities granted permission for sand clearance without verifying the land for agricultural use as required under Rule 38-A of Tamil Nadu Minor Mineral Concession Rules, 1959.
Whether there is prima facie evidence of illegal extraction of sand under the garb of earth clearance.
Whether the writ petition requires further orders or can be closed subject to future vigilance.
Colour shows how this judgement treated each authority
The State of Tamil Nadu and another Vs P.Krishnamurthy and othersReferred¶20
[2006] 4 SCC 517 · Who else cites this
P.Nagendiran Vs. District Collector and OthersReferred¶14
W.P.(MD). No.20903 of 2016
K.Ranjagam
Director of Geology and Mining
Assistant Director of Geology and Mining
District Collector, Sivagangai
K.Karthikeyan
M. SATHYANARAYANAN
P. RAJAMANICKAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
