W.P.(MD).Nos.512 of 2017 batch IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 27.01.2025 PRONOUNCED ON : 17.02.2025 CORAM THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN W.P.(MD).Nos.512, 513, 573, 574, 6299, 6301, 6679 and 6680 of 2017 M/s.Beach Mineral Company Private Limited, Rep by Managing Director, Mr.Harihara Mahadevan, 31-2, Halls Road, Egmore, Chennai – 600 008, Tamil Nadu. ... Petitioner Vs. 1.The State of Tamil Nadu, Rep by The Chief Secretary of Government, Government of Tamil Nadu, Fort St.George, Chennai – 600 009. 2.The Secretary to Government, Industries Department, Government of Tamil Nadu, Fort St.George, Chennai – 600 009. 3.The District Collector, Collectorate, https://www.mhc.tn.gov.in/judis W.P.(MD).Nos.512 of 2017 batch Tirunelveli. 4.The Member Secretary, Tamil Nadu Pollution Control Board (TNPCB), Panagal Maaligai, 76, Mount Salai, Guindy, Chennai – 600 032. 5.Principal Secretary, Government of Tamil Nadu, Ministry of Environment and Forests, Fort St.George, Chennai – 600 009. [R4 & 5 are impleaded vide order dated 12.11.2021 in W.P.(MD).No.512 of 2017] ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari, calling for the records of the 3rd respondent in Order No.Rc.No.M3/40365/2015, dated 09.11.2016 and quash the same in respect of petitioner company. For Petitioner : Mr.Puhazh Gandhi For Respondents : Mr.Aravind P.Datar, Senior Counsel asst by Mr.B.Vijay, Additional Government Pleader (for R1-3&5) Mr.B.N.Suchindran, Standing counsel (for R4) COMMON ORDER S.M.SUBRAMANIAM, J. The above Writ Petitions have been instituted challenging the minutes/findings of the District Level Committee dated 09.11.2016. Page 2 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD).Nos.512 of 2017 batch 2. The mining companies have mainly contended that in the event of setting aside G.O.Ms.No.179, dated 27.07.2015 constituting Taluk Level, District Level and State Level Committee, the findings of the District Level Committee dated 09.11.2016 will have no impact on the mining companies. Further, it is stated that the decision taken by the District level committee to the effect that in view of the large scale violations of illegal mining and transport of Garnet, Ilmenite, Rutile, Zircon, Sillimanite and Leucoxene detected for the period from 2000-01 to 2015-16, any previously settled royalty accounts shall be construed as null and void, is unconstitutional, as the District level committee has not been delegated with such powers for arriving at such a conclusion. 3. The Government contended that, in the event of this Court holding that the constitution of three tier committee is within the powers of the State Government, the decision taken by the District Level Committee is valid. It is found that large scale violations were deducted in the production and transportation of Raw sand, and processed minerals namely Garnet, Ilmenite, Rutile, Zircon, Sillimanite and Leucoxene for the period 2008-09 to 2011-12. Excess quantum of minerals mined and transported by the mining companies over and above the quantity permitted for production in the approved mining https://www.mhc.tn.gov.in/judis W.P.(MD).Nos.512 of 2017 batch plan/ scheme of mining shall be treated as unlawfully transported. The Assistant Commissioner Customs vide letter dated 05.10.2016 furnished the details of quantum of BSMs exported by the private respondents particularly after the stopping of issuance of transport permits from 08.08.2013 to 10.09.2016. The mining companies have not disputed the mechanism arrived by the District level committee for estimating the quantum of minerals unlawfully mined and transported during the pre-ban period. 4. The issue relating to illegal mining, transportation and storage are elaborately discussed by this Court in the Suo Motu W.P.No.1592 of 2015. 5. In view of the findings and the final order passed in Suo Motu (PIL) in W.P.No.1592 of 2015, the Writ Petitions stand dismissed. Consequently, the connected Miscellaneous Petitions, if any, are closed. No costs. [S.M.S., J.] [M.J.R., J.] 17.02.2025 Index: Yes/No Speaking/Non-speaking order gd https://www.mhc.tn.gov.in/judis W.P.(MD).Nos.512 of 2017 batch To 1.The Chief Secretary of Government, Government of Tamil Nadu, Fort St.George, Chennai – 600 009. 2.The Secretary to Government, Industries Department, Government of Tamil Nadu, Fort St.George, Chennai – 600 009. 3.The District Collector, Collectorate, Tirunelveli. 4.The Member Secretary, Tamil Nadu Pollution Control Board (TNPCB), Panagal Maaligai, 76, Mount Salai, Guindy, Chennai – 600 032. 5.Principal Secretary, Government of Tamil Nadu, Ministry of Environment and Forests, Fort St.George, Chennai – 600 009. Page 5 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD).Nos.512 of 2017 batch S.M.SUBRAMANIAM, J. AND M.JOTHIRAMAN, J. gd W.P.(MD).Nos.512 of 2017 batch 17.02.2025 https://www.mhc.tn.gov.in/judis