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2026 DAILYLAW 62922 (MAD)

Kaveri Neervala Athara Pathukappu Sangam v. The Commissioner

WP(MD)/13427/2026 · 2026-08-06

C V Karthikeyan, R Sakthivel

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(MD). No.13427 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06/08/2026 CORAM THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN AND THE HONOURABLE MR. JUSTICE R. SAKTHIVEL WP(MD). No.13427 of 2026 and WMP(MD).Nos.9985 and 9986 of 2026 Kaveri Neervala Athara Pathukappu Sangam, Reg.No.23/2012, Rep. by its Secretary, S.Mohana Sundaram, Nachayammal Kadai Bus Stop, 27, Vivekanadar Road, Vettukattuvalasu, Erode 638 011. ... Petitioner Vs 1.The Commissioner, Deputy of Geology and Mining, Alandur Road, Guindy Industrial Park, Guindy, Chennai - 600 032. 2.The District Collector, District Collectors Office, Collectorate, Madurai. 1/13 https://www.mhc.tn.gov.in/judis WP(MD). No.13427 of 2026 3.The Superintendent of Police, District Police Office, Madurai. 4.The Deputy Director, Deputy of Geology and Mining, District Collector Office Campus, Madurai. 5.The Revenue Divisional Officer, Melur Revenue Division, Melur, Madurai District. 6.The Tahsildar, Melur Revenue Taluk, Melur, Madurai District. ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct 1st and 2nd respondents to take legal action against illegal quarrying operations in Survey Nos. 221/1A, 221/1B, 221/1C, 221/2, 221/3, 221/4 and 221/5 of Thiruvathavur Village, and 352/1B, 1C,1G,1H, 369/4,2,18,345 and 562/2 of Kidaripatti village Melur Taluk, Madurai District, and also direct the 1st and 2nd respondent to take departmental disciplinary proceedings as well as penal proceeding against the officials involved in the mining scam based on the petitioners complaints dated Nil and 11.04.2026. For Petitioner : Mr.K.Gokul 2/13 https://www.mhc.tn.gov.in/judis WP(MD). No.13427 of 2026 For Respondents : Mr.B.Saravanan Additional Advocate General Assisted by Mr.K.K.Udayakumar Government Advocate (Civil side) for R1, 2 & 4 to 6 Mr.P.Vetrivel Government Advocate (Crl. side) for R3 ORDER (Order of the Court was made by C.V.Karthikeyan, J.) The writ petition has been filed in the nature of a Mandamus seeking a direction to the respondents 1 and 2 to take legal action against illegal quarrying operations in Survey Nos. 221/1A, 221/1B, 221/1C, 221/2, 221/3, 221/4 and 221/5 of Thiruvathavur Village, and 352/1B, 1C, 1G,1H, 369/4,2,18,345 and 562/2 of Kidaripatti Village, Melur Taluk, Madurai District. 2.This Court in order dated 23.07.2026, had observed as follows: “2. It is evident that the drone survey, which had been conducted, has revealed that illegal excavation have taken place. A report has been forwarded by the Deputy Director of Geology and 3/13 https://www.mhc.tn.gov.in/judis WP(MD). No.13427 of 2026 Mining to the Revenue Divisional Officer at Melur as early as on 19.06.2026, in which the following shocking details have been revealed: Non leased area Sl.No. Survey No. Depth Extent (in Ha) Volume of gravel quarried as per drom survey report (in cbm) 1. 221/A 0.94 0.83 7901 2. 221/1B 2.25 1.11 25261 3. 221/1C 3.57 0.27 9997 4. 221/2 4.82 0.07 3559 5. 221/3 3.74 1.2 45459 Total 92177 Leased area Sl. No. Survey No. Depth Extent (in Ha) Volume of gravel quarried as per drom survey report (in cbm) Permit obtained quantity (in cbm) Excess quantity quarried (in cbm) 1. 221/4 2.83 0.88 25081 4147 20933 2. 221/1B 2.55 1.1 30253 11286 18967 Total 39900 4/13 https://www.mhc.tn.gov.in/judis WP(MD). No.13427 of 2026 3. It is thus seen that even for non-leased areas, extensive mining had taken place and gravel to the quantity of 92177 Cubic Metres had been stolen away. It is not known why a criminal case has not been lodged in this regard. Merely exchanging correspondences from one official to another official will not serve the purpose. We are also informed that consequent to the said report of the Deputy Director, Department of Geology and Mining, Madurai District, an enquiry had been directed and notice had been issued for enquiry on 25.07.2026. But the issue is whether the mining still continues as on date. Though officials are present, they have not given proper instructions. 4. There shall be an order of interim injunction as prayed for restraining the respondents from continuing with quarry operation in survey numbers 221/1A, 221/1B, 221/1C, 221/2, 221/3, 221/4 and 221/5 of Thiruvathavur Village and 352/1B, 1C, 1G, 1H, 369/4,2,18,345 and 562/2 of Kidaripatti Village, Melur Taluk Madurai District, until disposal of the Writ Petition. 5. This order is directed to be enforced in letter and spirit by the District Collector, Madurai and if in the next hearing date, it is again complained by the petitioner that quarrying continues, the presence of the District Collector before this Court would be called, to answer as to how blind eyes could be shown to illegal quarrying even over nonleased lands.” 5/13 https://www.mhc.tn.gov.in/judis WP(MD). No.13427 of 2026 3.Thereafter, the matter was again listed on 30.07.2026. On that date, the following order was passed: “The learned Additional Advocate General insists that the respondents are monitoring whether any quarrying operation is being conducted and is of the firm opinion that there is no quarrying operation to be conducted. 2. The learned counsel for the petitioner however states that he is in possession of video recording to show that quarrying operation is continuing. Let a copy of the video recording be forwarded to the 4th respondent Deputy Director, Department of Geology and Mining, District Collector office, at Madurai, who may examine the said video and thereafter file a report before this Court. For filing such report, call the matter on 06.08.2026. 3. The Station House Officers of Melavalavu Police Station in Crime No.169/2026 and of Melur Police Station in Crime No.483 of 2026 may file a report regarding the steps taken pursuant to the registration of FIRs. Let a status report be filed on 06.08.2026, though they are not the respondents before this Court, but, still they shall forward the said report to the office of the learned Additional Advocate General enabling them to file the same before this Court. 6/13 https://www.mhc.tn.gov.in/judis WP(MD). No.13427 of 2026 4. A further report may be filed regarding the penalty imposed and other steps taken to ensure that quarrying is not conducted in the said area.” 4.Today, a report has been filed by the Deputy Director, Department of Geology and Mining, Collectorate, Madurai, wherein, it had been stated as follows: “d. It is submitted that the Revenue Divisional Officer, Melur was requested to take action against the offenders under Section 21(1) and 21(5) of Mines and Minerals (Development and Regulations) Act, 1957 and Rule 36-A(1) & (3) of Tamil Nadu Minor Mineral Concession Rules, 1959 vide this office letters dated 19.06.2026 & 01.08.2026. e. It is submitted that, the Revenue Divisional Officer, Melur vide letter dated 29.07.2026 has submitted that strict instructions have been given to the Taluk Level Task Force Committee, Melur, headed by Tahsildar, Melur to monitor the areas in question continuously and ensure that no illegal quarrying is done and accordingly the subject is being continuously monitored by Taluk Level Task Force Committee of Melur. f.It is submitted that, she has further reported that complaints were lodged against the offenders and Criminal cases have also been filed vide FIR No.169/2026 at 7/13 https://www.mhc.tn.gov.in/judis WP(MD). No.13427 of 2026 Melavalavu Police Station and FIR No. 463/2026 at Melur Police Station respectively. g. It is submitted that, she has further reported that penalty of Rs.2,98,96,614/- has been levied against the offenders involved in illegal quarrying and transportation of gravel in Kidaripatti Village vide her proceedings Roc.No. 3637/2026/B3, dated 29.07.2026 after conducting personal hearing. In respect of illegal quarrying of gravel in Thiruvathavur Village, personal hearing has been conducted with ex-lessees / pattadhars on 25.07.2026 & 28.07.2026 and based on their request, one more opportunity of personal hearing is fixed on 17.08.2026 and on completion of personal hearing orders will be passed in accordance with rules. Further, the subject area is being continuously monitored by the Revenue, Police and Mines Department officials. h. At this juncture, as ordered by the Hon'ble High Court dated 30.07.2026, the video recording was forwarded by the Learned counsel for the petitioner and on perusal of the video recording, it is revealed that video recording pertains to Thiruvathavur Village, Melur Taluk for which action has already been initiated by the Revenue Divisional Officer, Melur and Crmininal case has also been filed vide FIR No. 463/2026 at Melur Police Station and the subject area is being continuously monitored by the members of the Taluk Level Task Force, Melur The subject area was once 8/13 https://www.mhc.tn.gov.in/judis WP(MD). No.13427 of 2026 again jointly inspected by the Revenue Divisional Officer, Melur, Deputy Director, Geology and Mining, Madurai and Assistant Geologist, Geology and Mining, Madurai along with the Village Administrative Officer, Thiruvathavur on 04.08.2026 and it is ensured from the joint inspection that there is no quarrying operation at present and it appears that the video produced by the Learned counsel for the petitioner was taken prior to the orders passed by this Hon'ble High Court i.e. before 29.04.2026 and the same could be verified with the photographs enclosed in the Typed set of papers. The photographs enclosed by the petitioner in his representation dated nil (received on 13.04.2026), the photographs appended in the typed set of papers and video clipping forwarded by the counsel for the petitioner are corresponding to the same period and it is submitted that there has been no quarrying activity in the subject area thereafter.” 5.The Inspector of Police, B1-Melur Police Station, Madurai, had filed a separate report. With respect to the FIR lodged, and he had given the following particulars: “8.I humbly submit that the details of the case are tabled hereunder for the kind perusal of this Court: 9/13 https://www.mhc.tn.gov.in/judis WP(MD). No.13427 of 2026 Sl.No. Date Particulars 1. 30.07.2026 FIR registered in Crime No.463/2026 u/s. 303(2) BNS at B-1 Melur Police Station. 2. 31.07.2026 Investigation taken up. Preliminary site visit conducted, any inquiry into the revenue records initiated. 3. 02.08.2026 Summons issued to the Village Administrative Officer (Complainant) to appear for inquiry and produce records. 4. 03.08.2026 Inquiry of the Village Administrative Officer scheduled. Further investigation and site inspections are ongoing. ” 6.The copies of the First Information Report had also been forwarded to this Court. 7.The learned counsel for the petitioner contended that further relief sought in the writ petition was to direct disciplinary proceedings to be initiated against the concerned officials. 8.We would direct the respondents 1 and 2 to examine the entire 10/13 https://www.mhc.tn.gov.in/judis WP(MD). No.13427 of 2026 records afresh and, if, on their subjective satisfaction and appreciation of the facts, they are of the opinion that there has been dereliction of duty by any of the officials working under them, they may take appropriate steps in accordance with law to ensure that discipline is maintained within their respective departments. 9.Recording as above and placing on record our appreciation of the petitioner for bringing to light the aforementioned facts, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (C.V.K., J.) & (R.S.V., J.) 06.08.2026 sji NCC : Yes TO 1.The Commissioner, Deputy of Geology and Mining, Alandur Road, Guindy Industrial Park, Guindy, Chennai - 600 032. 11/13 https://www.mhc.tn.gov.in/judis WP(MD). No.13427 of 2026 C.V.KARTHIKEYAN, J. and R. SAKTHIVEL, J. sji 2.The District Collector, District Collectors Office, Collectorate, Madurai. 3.The Superintendent of Police, District Police Office, Madurai. 4.The Deputy Director, Deputy of Geology and Mining, District Collector Office Campus, Madurai. 5.The Revenue Divisional Officer, Melur Revenue Division, Melur, Madurai District. 6.The Tahsildar, Melur Revenue Taluk, Melur, Madurai District. WP(MD) No.13427 of 2026 12/13 https://www.mhc.tn.gov.in/judis WP(MD). No.13427 of 2026 Date : 06/08/2026 13/13 https://www.mhc.tn.gov.in/judis