Fine HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE SUNDER MOHAN W.P.No.23388 of 2025 M.Selvakumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.08.2025
CORAM :
THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA,
CHIEF JUSTICE
AND
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
W.P.No.23388 of 2025
M.Selvakumar
S/o.Murugan,
Chinna Kandiyan Kuppam,
Gopurapuram Post, Virudhachalam Taluk,
Cuddalore District -606 001.
Petitioner
Vs
1.The Chief Secretary
Department of Geology and Mining in Tamil Nadu, Secretariat, Chennai-600 009.
2.The Commissioner
Department of Geology and
Mining in Tamil Nadu, Guindy, Chennai-600 032.
3.The Director
Department of Vigilance and Anti Corruption, No.293, M.K.N. Road, Alandur, Chennai-600 016.
4.The Assistant Director
Department of Geology and Mining, Cuddalore District-607 001.
5.The District Collector
District Collector Office, Cuddalore-607 001.
6.The Revenue Divisional Officer
Revenue Divisional Office, Virudhachalam, Cuddalore 606 001.
7.J.Karthikeyan
No.10/46, Thiruvalluvar Nagar
6th Cross Street,
Kattukudalur Road,
Virudhachalam Taluk, Cuddalore 606 001.
Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to direct the respondents 1 to 3 to take appropriate action against the 7th respondent from doing illegal mining in Nos.113/7, 113/8 and 120/2 at Nadiyapattu Village, Virudhachalam Taluk, Cuddalore District and as well as in nearby areas and adjacent villages and cancel the licence issued in favour of the 7th respondent and also direct the 4th respondent to issue permit receipt strictly in accordance with law and take necessary action against the officials, involving in the illegal mining and protect the environment.
For Petitioner: Mr.S.Sathyaraj
For Respondents: Mr.Stalin Abimanyu Addl. Government Pleader for respondent Nos.1, 2, 4 to 6
Mr. A.Gokula Krishnan
Additional Public Prosecutor for respondent No.3
Mr.A.K.Rajaraman for respondent No.7
ORDER
(Order of the Court was made by the Hon’ble Chief Justice)
An issue with regard to illegal mining is raised in this petition, styled as “Public Interest Litigation” (PIL), at the instance of the
petitioner, who claims to be a public spirited person.
2. However, the counter-affidavit and the details, which have been submitted before this court, are shocking. This also reveals that the august forum of PIL has been grossly abused and misused by the petitioner to serve his own vested interest. The materials on record placed by the respective respondents show that criminal cases have already been registered against the petitioner alleging illegal transportation of minerals and illegal mining under FIR No.627 of 2024
and FIR No.20 of 2025.
Furthermore, what is revealed is that as against certain statements, which according to respondent No.7 are defamatory in nature, a complaint has also been lodged by respondent No.7 against the petitioner, which is registered as FIR No.146 of 2025. This FIR
was lodged on 16.03.2025.
3. All these facts have been completely suppressed while filing this petition before this court on 23.06.2025 by the petitioner, whose bona fide and credibility is doubtful. We are inclined to accept the submission of learned counsel for respondent No.7 that the present petition has been filed by the petitioner as he had an axe to grind against the private respondent/respondent No.7, who filed complaint against the petitioner alleging defamation. Otherwise also, the
petitioner himself is alleged to be involved in illegal transportation of
minerals.
4. Misuse and abuse of the august forum in the name of PIL is on rise. Therefore, we are inclined to take a strong exception to the petitioner abusing the forum of PIL to settle his personal score.
5. Without going into allegations and any other aspects in the matter, only on this ground, we are inclined to dismiss the petition
with exemplary costs.
6. The PIL is, accordingly, dismissed with costs of Rs.1,00,000/- [Rupees One Lakh only] payable to the Tamil Nadu State Legal Services Authority within one month. Non-payment shall entail
initiation of appropriate proceedings.
(MANINDRA MOHAN SHRIVASTAVA, CJ) (SUNDER MOHAN,J)
06.08.2025
Index : Yes/No
Neutral Citation : Yes/No bbr
To:
1.The Chief Secretary
Department of Geology and Mining in Tamil Nadu, Secretariat, Chennai-600 009.
2.The Commissioner
Department of Geology and
Mining in Tamil Nadu, Guindy, Chennai-600 032.
3.The Director
Department of Vigilance and Anti Corruption, No.293, M.K.N. Road, Alandur, Chennai-600 016.
4.The Assistant Director
Department of Geology and Mining, Cuddalore District-607 001.
5.The District Collector
District Collector Office, Cuddalore-607 001.
6.The Revenue Divisional Officer
Revenue Divisional Office, Virudhachalam,
Cuddalore 606 001.
THE HON’BLE CHIEF JUSTICE
AND SUNDER MOHAN,J.
bbr
W.P.No.23388 of 2025
06.08.2025