W.P(MD)No.4901 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2025 CORAM: THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P(MD)No.4901 of 2025 R.Jeyapal ... Petitioner Vs 1. State of Tamil Nadu, Represented by the Principal Secretary, Department of Geology and Mining, Secretariat, Fort St George, Chennai 600009. 2. The Commissioner,, Department of Geology and Mining, Guindy, Chennai 600032. 3. The Deputy Director,, Department of Geology and Mining, Madurai Region, (Regional Flying Squad), Madurai. 1/13 https://www.mhc.tn.gov.in/judis W.P(MD)No.4901 of 2025 4. The District Collector, District Collectorate, Dindigul. 5. The Assistant Director, Mines and Minerals Department, Collectorate Complex, Dindigul District. 6. The Revenue Divisional Officer, Palani, Dindigul District. 7. The Tahsildar, Vedasandhur Taluk, Dindigul District. 8. The Village Administrative Officer, Thennambaadi Village, Dindigul District. 9. Murugan @ Muppuliyan 10. Muniyappan 11. Maayee 12. Ilango 13. Murugan 14. Balasubramani 15. Palanisamy 16. Palanisamy ... Respondents 2/13 https://www.mhc.tn.gov.in/judis W.P(MD)No.4901 of 2025 PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the Respondent Nos.3 to 8 to conduct a Spot Inspection by visiting the Illegal Sand Plants operated by the Respondent Nos.9 to 16 and some other persons in Vedasandhur Taluk, Dindigul District as per the Section 24 of the Mines and Minerals (Development and Regulation) Act,1957 and to impose Fine for the violators and to shut down all the Illegal Sand Plants of the Respondent No.9 to 16 and any other illegal sand plants and Quarries being run in the Vedasandhur Taluk, Dindigul District and shut down the same in pursuant to the reminder dated 30.07.2024 in accordance with law within the time stipulated by this Court. For Petitioner : Mr.A.Mohamedhaneef, For Respondent : Mr.M.Ajmal Khan (R1-R8) Additional Advocate General Assisted by Mr.P.Thilak Kumar Government Pleader : No Appearance (R9-R11 & R14) 3/13 https://www.mhc.tn.gov.in/judis W.P(MD)No.4901 of 2025 O R D E R [Order of the Court was made by S.M.SUBRAMANIAM, J.] The writ on hand has been instituted to direct the respondents 3 to 8 to conduct spot inspection by visiting the illegal sand plants operated by the respondents 9 to 16 and some other persons in Vedasandhur Taluk, Dindigul District and to impose fine for the violators and to shut down all the illegal sand plants of the respondents 9 to 16 and any other illegal sand plants and quarries being run in the Vedasandhur Taluk, Dindigul District and shut down the same in pursuant to the reminder dated 30.07.2024. 2.The learned Counsel for the petitioner would submit that illegal mining operations are continuing in nine spots and the authorities are not initiating any actions and remain mute spectators. In support of his contention, he produced photographs to establish that mining operations are illegally done through lorries. 4/13 https://www.mhc.tn.gov.in/judis W.P(MD)No.4901 of 2025 3.Mr.Saravanan, I.A.S, District Collector, Dindigul District, is present, who in turn filed additional status report. 4.The learned Additional Advocate General appearing on behalf of the State would contend that all enforcement actions are initiated and in respect of the perpetrators all the actions are initiated under the Mines and Minerals Rules. The machineries are already dismantled and preventive measures are taken by the competent authorities. 5.In this regard, it is relevant to record the affidavit filed by the District Collector in the additional status report from Paragraph No.7 onwards, which runs as follows: "7) I respectfully state that having perused the action taken report dated 10.07.2025 placed on record in the above writ petition, this Hon'ble Court vide its order dated 10.07.2025 was pleased to observe and direct as under: "1. With reference to the relief sought for in the present Writ Petition, the learned Government Pleader appearing for the respondents 1 to 8 would submit that enforcement actions have been initiated by the competent authorities and 5/13 https://www.mhc.tn.gov.in/judis W.P(MD)No.4901 of 2025 the objectionable subject premises have already been locked and sealed. 2. The said submission has been opposed by the learned counsel appearing for the petitioner by producing the photographs that the offenders are still continuing illegal activities through the back door of the premises. The petitioner submits that though the front door is locked by the officials, the perpetrators are using the back gate for continuing their illegal activities. 3.It is doubtful whether such activities are continuing with the collusion of the authorities or otherwise. 4. Since allegations are serious, the District Collector, Dindigul, is directed to be present and explain the facts before this Court by filing a report. 5. The District Collector, Dindigul is directed to appear before this Court on 16.07.2025 at 10.30 a.m and explain the present position." 8) I respectfully submit that, pursuant to the order of this Hon'ble Court dated 10.07.2025, the following steps have been undertaken by way of enforcement action against the offending establishments in Guziliamparai Taluk: a. I directed the District Revenue Officer to inspect and report about the present status of the sealed washing sand plants of R.Kombai, Palayam and Nagaiakottai Villages of Guziliamparai Taluk. b. Accordingly she inspected and reported vide letter No. 147/Kanimam/2025 dated 13.07.2025 6/13 https://www.mhc.tn.gov.in/judis W.P(MD)No.4901 of 2025 that in R.Kombai Village no evidences are seen in SF.No.591/2, 592 & 593/1 for any recent activities regarding washing sand production or allied activities. All the sealed portions of the machineries are intact. Around 20 units of waste soil, separated from usable sand are available on the site. c. She inspected the SF.No. 1523/1D2 of Palayam Village and her report reveals that no evidences or indications are found for recent operation. The sealed machineries are intact, the electric & Water line connections are in disconnected stage. No disturbances were made to them. d. The SF.No.6/2 of Naigaiakottai Village was also inspected by her and reported that no evidences or indications for the recent functioning of the washing sand plant. The seal fixed to the machineries are intact and the disconnections made to the electric supply and water pipe lines are not disturbed. Around 25 units of waste sand separated from the washing sand manufacturing process were heaped in the area. Local enquiry also reveals that they were not under operation. e. The District Revenue Officer in her report concluded that: i) Status quo of the areas with reference to the seals affixed in the machineries used for producing washing sand in R.Kombai, Palayam and Nagaiakottai Village are maintained as on 14.06.2025. The seals are intact and not disturbed. 7/13 https://www.mhc.tn.gov.in/judis W.P(MD)No.4901 of 2025 ii) There exists no evidence of recent activities regarding the production of washing sand in the subject areas. iii)All the three sealed washing plants are in open spaces with easy access. iv) Therefore, the machineries are to be dismantled and should be kept under the custody of the Tahsildar, Guziliamparai. 9) 1 respectfully state that, upon receipt of the above report from the District Revenue Officer, I had directed the Tahsildar, Guziliamparai assisted by his subordinates to dismantle the machineries used for producing washing sand and remove them by deploying weight lifting cranes and hand them over to the respective Village Administrative Officer for safe custody. The same was done on 13.07.2025. 10) I further submit that I personally made a super checking field inspection in all the three locations in R.Kombai, Palayam and Naigaiakottai Villages of Guziliamparai Taluk and found that the machineries used were dismantled and there existed no evidence of recent activities on washing sand and its transportation. I have issued appropriate instructions and caution had been imparted to all the officials accompanied in the field visit and others to ensure non- recurrence of such unauthorized activities in future. 11) I respectfully submit for the consideration of this Hon'ble Court a few peculiar challenges in the identification and prosecution of the kind of washing sand plants as described in the foregoing portions of this report: a) The washing sand plants are located in remote, tracts of small hillocks. b) They are having fabricated machineries made by using the common type of equipment. 8/13 https://www.mhc.tn.gov.in/judis W.P(MD)No.4901 of 2025 c) They are installed in open to sky spaces. d) The required raw materials like Gravel, Top soil and Weathered Rock are available for purchase from the lease holders of stone quarries under transport permit and from the debris heaped at places where well digging had been undertaken by farmers. e) Enquiry reveals that the farmers to clean the occupied space of their lands offering the waste materials obtained from dug out wells. 12) I respectfully submit that notwithstanding the foregoing peculiar challenges, I have issued firm instructions to all enforcement officials of Police, Revenue, Geology and Mining department with the co-operation of local bodies, TANGEDCO, TNPCB, Forest, PWD and Survey and Land records to keep surveillance 24 x 7 pattern to eliminate the washing sand plants in future. 13) I respectfully state that, in order to effectively implement the orders the Hon'ble Madurai Bench of Madras High Court, the following measures will be put in place with immediate effect. a) The Taluk level Task Force will be held responsible for any further complaints received regarding unauthorized washing sand plants. b) The Special Committee formed vide the proceedings of the District Collector Dindigul is made as permanent for all the Taluks in Dindigul District with the Jurisdictional Officers. c) As per the G.O(Ms)No.62, Home, Prohibition and Excise (XVII) Department dated 01.10.2018, the Government 9/13 https://www.mhc.tn.gov.in/judis W.P(MD)No.4901 of 2025 servants abetting the commission of Crime of sand smuggling will be enforced on the erring officials. d) The habitual offenders will be brought under the Tamil Nadu, Prevention of Dangerous activities, Book legers, Cyber law offenders, Forest offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum grabbers and Video pirates Act 1982 (Tamil Nadu Act No. 14 of 1982) e) The enforcement officials delegated with power to seize and make complaint in G.O(Ms)No. 170, Industries (MMC1) Department dated 05.08.2020 will be made to function more effectively throughout the district. f) The District Level Task Force meetings will be fully utilized to review the progress of each and every convener of Taluk Level Task Force, enforcement authorities of the District and legal issued in prosecuting the offenders of Mines and Minerals sector. 6.It is needless to state that the authorities competent are expected to be vigilant and duty bound to protect the minerals which is our Nation's wealth. In the event of the officials are committing lapses, negligence and dereliction of duty, they are to be held responsible and accountable. Therefore, the District Collector has to frequently monitor through his subordinates and ensure that no such illegal mining operations are carried on by any person for personal gains. 10/13 https://www.mhc.tn.gov.in/judis W.P(MD)No.4901 of 2025 7.In view of the additional status report filed by the District Collector, this Court fervently hope that the District Collector, Dindigul District and the revenue authorities would be vigilant in initiating action against illegal mining activities. 8.With the above observations and direction, the writ petition stands dismissed. There shall be no order as to costs. [S.M.S., J.] [A.D.M.C., J.] 16.07.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No LR To 1. State of Tamil Nadu, Represented by the Principal Secretary, Department of Geology and Mining, Secretariat, Fort St George, Chennai 600009. 11/13 https://www.mhc.tn.gov.in/judis W.P(MD)No.4901 of 2025 2. The Commissioner,, Department of Geology and Mining, Guindy, Chennai 600032. 3. The Deputy Director,, Department of Geology and Mining, Madurai Region, (Regional Flying Squad), Madurai. 4. The District Collector, District Collectorate, Dindigul. 5. The Assistant Director, Mines and Minerals Department, Collectorate Complex, Dindigul District. 6. The Revenue Divisional Officer, Palani, Dindigul District. 7. The Tahsildar, Vedasandhur Taluk, Dindigul District. 8. The Village Administrative Officer, Thennambaadi Village, Dindigul District. 12/13 https://www.mhc.tn.gov.in/judis W.P(MD)No.4901 of 2025 S.M.SUBRAMANIAM, J. and DR.A.D.MARIA CLETE, J. LR W.P(MD)No.4901 of 2025 16.07.2025 13/13 https://www.mhc.tn.gov.in/judis