This Court dismissed a writ petition seeking a direction to form a Tamil Nadu Sand Corporation to prevent indiscriminate sand mining. The Court held that forming such a corporation is a policy decision within the Government's domain and not amenable to judicial review.
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.7808 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
W.P(MD)No.7808 of 2020 and
W.M.P(MD)No.7287 of 2020
R.Mutharsan
... Petitioner
vs.
1.The State of Tamil Nadu, Represented by the Principal Secretary to Government, Department of Geology and Mining, Fort St. George, Secretariat, Chennai - 9.
2.The Principal Secretary, Department of Revenue, Fort St. George, Secretariat, Chennai-9.
3.The Principal Secretary to Government, Department of Home, Prohibition and Excise, Fort St. George, Secretariat, Chennai-9.
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W.P(MD)No.7808 of 2020
5.The Commissioner, Department of Geology and Mining, Thiru.Vi.Ka.Industrial Estate, Guindy, Chennai-32.
6.The Director General of Police, O/o. the Director General of Police, Dr. Radhakrishnan Saalai, Mylapore, Chennai-04.
7.The District Collector, Sivagangai District, Sivagangai.
8.The Superintendent of Police, O/o. the Superintendent of Police, Sivagangai, Sivagangai. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent Nos.1 to 7 to effectively implement the Rule 38-A of the Tamil Nadu Minor Mineral Concession Rules, 1959 by forming a Tamil Nadu Sand Corporation (TASMAC) in the same lines of TASMAC and direct the respondents to identify excavate and sell sand through their corporation and consequently direct the respondents 1 to 7 to forbear the indiscriminate sand mining in the
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W.P(MD)No.7808 of 2020
name of Uvari, Uvar, Vandal, Saralai Savadu, Gravel, River and other sands in Government lands and Ryotwari lands in the state of Tamil Nadu within the time stipulated by this Court.
For Petitioner : Mr.F.Mohamed Fazil for M/s.T.Lajapathi Roy and Associates For RR 1 to 5 & 7 : Mr.P.Thilak Kumar Government Pleader For RR 6 & 8 : Mr.T.Senthil Kumar Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.)
The writ on hand has been instituted to direct the respondent Nos.1 to 7 to effectively implement Rule 38-A of the Tamil Nadu Minor Mineral Concession Rules, 1959 by forming a Tamil Nadu Sand Corporation on the lines of TASMAC and to direct the respondents to identify, excavate and sell sand through such a corporation and consequently to direct the respondents 1 to 7 to forbear the indiscriminate sand mining in the name of
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W.P(MD)No.7808 of 2020
Uvari, Uvar, Vandal, Saralai Savadu, Gravel, River and other sands in Government lands and Ryotwari lands in the state of Tamil Nadu.
2.The relief as such sought for in the Writ Petition cannot be considered since it is a policy decision to be taken by the Government in consideration of the public interest. This Court, in exercise of its powers of judicial review, cannot direct the Government to form a Corporation for the purpose of mining operations.
3.Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.
[S.M.S.,J.] & [A.D.M.C.,J.] 08.08.2025
NCC : Yes / No Index : Yes / No Internet : Yes ps
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W.P(MD)No.7808 of 2020
To
1.The Principal Secretary to Government, Represented by the State of Tamil Nadu, Department of Geology and Mining, Fort St. George, Secretariat, Chennai - 9.
2.The Principal Secretary, Department of Revenue, Fort St. George, Secretariat, Chennai-9.
3.The Principal Secretary to Government, Department of Home, Prohibition and Excise, Fort St. George, Secretariat, Chennai-9.
4.The Director of Geology and Mining, O/o. the Director of Geology and Mining, Alandur Road, Guindy Industrial Estate, Guindy, Chennai-32.
5.The Commissioner, Department of Geology and Mining, Thiru.Vi.Ka.Industrial Estate, Guindy, Chennai-32.
6.The Director General of Police, O/o. the Director General of Police, Dr. Radhakrishnan Saalai, Mylapore, Chennai-04.
7.The District Collector, Sivagangai District, Sivagangai.
8.The Superintendent of Police, O/o. the Superintendent of Police, Sivagangai, Sivagangai.
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W.P(MD)No.7808 of 2020
S.M.SUBRAMANIAM, J. and DR.A.D.MARIA CLETE, J.
ps
ORDER MADE IN W.P(MD)No.7808 of 2020
DATED : 08.08.2025
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1 issue framed by the court
Whether this Court can direct the Government to form a Corporation for mining operations under Rule 38-A of the Tamil Nadu Minor Mineral Concession Rules, 1959.
2 provisions across 2 enactments
R.Mutharsan
The State of Tamil Nadu
S.M.Subramaniam
A.D.Maria Clete
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
