HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN WP No. 28880 of 2022 1. P.Natesan Petitioner(s) Vs 1. The Additional Chief Environment Engineer Tamil Nadu Pollution Control Board, Oxylium College Road, Ganthi Nagar, Vellore 632 006
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-12-2025
CORAM
THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
WP No. 28880 of 2022
1. P.Natesan
Petitioner(s)
Vs
1. The Additional Chief Environment Engineer
Tamil Nadu Pollution Control Board,
Oxylium College Road,
Ganthi Nagar, Vellore 632 006
2.The Director
Tamil Nadu Pollution Control Board,
Number 76, Mount road, Anna Salai,
Chennai 32
3.The Director
Department of Geology and Mining Special Squard,
Head Office, Alandur Road, Guindy Estate, Chennai 32
4.The District Collector
Dharmapuri District, Dharmapuri
5.The District Environmental Engineer,
Tamil Nadu Pollution Control Board, Dharmapuri
6.M/s. Sri Lakshmi Blue Metals
Rep. by its Partner, No. 6, Venugopal Street, Near R.K. Hospital, Dharmapuri
7.M/s. G.Vijayalakshmi
Respondent(s)
PRAYER
Directing the respondents 3 and 4 to remove the encroachment in survey number 29, 34, 31 situated at Nekkundhi Village, Nallampalli Taluk, Dharmapuri District and pursuant to petitioner representation dated 08.07.2022.
For Petitioner(s): Ms.Shalini Ravikumar
for Mr. A.Sivaji
For Respondent(s): Mr.B.N.Suchindran,
Standing Counsel For TNPCB For R1,2 &5 Mr. Stalin Abimanyu
Additional Government Pleader For R3 & 4 Mr.C.Vigneswaran, For R6, R7.
ORDER
(Order of the Court was made by S.M.Subramaniam J.)
Writ of mandamus has been instituted to direct the respondents 3 and 4 to remove the encroachment in survey number 29, 34, 31 situated at Nekkundhi Village, Nallampalli Taluk, Dharmapuri District and pursuant to petitioner representation dated 08.07.2022.
2. The representation submitted by the petitioner would show that illegal mining operations and crushing units are functioning in the subject property as detailed in the writ petition and the authorities remain mute spectators instead of initiating action against the perpetrators of illegal mining of minerals. In view of the allegations regarding illegal mining activities, infringing the common public right under the Constitution, This Court directed the Director of Geology and Mining to submit a report regarding the actions initiated to deal with the illegal mining activities across the State. It is brought to the notice of this Court that Real Time Tracking System (hereinafter referred to as “RTTS”) is underway and the system will be fully functional on 31.03.2026. As of now, progress has been made to complete RTTS, so as to ensure that the Commissionerate will monitor the mining activates, transporting of mines and other matters relating thereto. Affidavit filed by the Director, Department of Geology and Mining, elaborately speaks about the programmes organised for effective control of mining activities across the State. An online application with Mineral Management System (MiMaS) has been introduced to serve as a central platform for managing e-permits, ensuring mining data integration and enabling real time monitoring of mining and transportation with an overall objective of transport mineral management through online mode. This digital mechanism allows the authorities to track production data in real time, preventing discrepancies and maintain transparency in mineral management mechanism.
3. End-to-end Electronic Permit (e-Permit) System has been put in place, wherein obtaining transport permit through online mode has been mandatory. This system facilitates digital generation of e-permits by the lessees, its issuance and real-time monitoring of its genuinity and audit trails. Secondly, to prevent manipulation and counterfeiting of physical transit document, the department has also introduced a high security permit paper having 10 unique security features. The combined effect of this digital permit system and physical verification system at the field is to create a tamper resistant, traceable framework to monitor the transportation of the minerals in the State. It is further contended that Decoder System has been introduced, enabling decoding the hidden security features in the high security paper used for transport permits/ transit passes. Installation of GPS instruments in vehicles also have been introduced and are being integrated with MiMaS portal for real time tracking. However, the entire process will get completed by 31st March 2026.
4. However, statistics provided by Director, Geology and Mining is disturbing, in respect of number of criminal cases filed on illicit mining/quarrying operations. From the year 2020 and upto November 2025, the Department has deducted 1439 illicit mining/quarrying operations, but 135 criminal cases alone are filed. 24 private complaints are filed. Since the data provided by the Director is disturbing and suspicious, this Court asked the query as to why criminal cases are not registered on deduction of illicit mining/quarrying operations.
5. Learned Additional Government Pleader, in reply, would submit that the Revenue Divisional Officer is the competent authority under the Mines and Minerals Act to lodge a criminal complaint before the jurisdictional police, as per the notification issued in G.O.Ms.No.4, Industries Department, dated 02.01.1998. Since the Government Order contemplates the Revenue Divisional Officer to make a complaint under the Mines and Minerals (Development and Regulation) Act, 1957 [hereinafter after referred to as ‘MMDR Act’], the authorities from the Department of Geology and Mining is unable to lodge police complaint against illicit mining activities. The said reason is stated in the annexure. If at all, jurisdictional Revenue Divisional Officers are failing in their duty to lodge a complaint, on information by the Department of Geology and Mining, the Commissioner is duty bound to lodge a complaint against the Revenue Divisional Officer, who refused to give a complaint to prosecute the concerned Revenue Divisional Officer and initiate department and disciplinary proceedings under the service rules. The competent authority cannot refuse to file a complaint, on providing information by the Department of Geology and Mining. Revenue Divisional Officers have duty bound to lodge complaints on receipt of information by the Department of Geology and Mining. Non-cooperation on the part of the revenue officials or lack of coordination, co-exist in the present circumstances would result in unconstitutionality as the authorities from various departments are expected to co-ordinate for efficient public administration as mandated under the Constitution.
6. Every public servant receiving salary from tax payers money is accountable to the citizens of our great nation. Officials across all departments are answerable. Any inaction or neglect on the part of Government officials shall be dealt with seriously by the District Collectors and in the event of any inaction on the part of concerned District Collectors, appropriate action against the Collectors shall be initiated by the Head of the Department or Government, as the case may be.
7. The District Collectors are responsible and accountable for any illicit mining happening in their district. They are responsible for the efficient functioning of the Mining Department in the District concerned and any non-compliance with the provisions of MMDR Act and its corresponding Rules must be dealt with strict legal action. Any complaints on illegal mining received, ought to be dealt by the competent authorities and the ultimate accountability is on the District Collector concerned.
8. When officials fail to act on complaints and remain mute spectator to the wrong doings happening, it is not only unconstitutional, but erodes public confidence, thereby leading to systemic dissolution. Power has been constitutionally granted to the executive to act for the protection and benefit of the public and any omission to act is in itself unconstitutional.
9. Fixation of accountability is of primacy in the issue on hand. It is surprising that this unfortunate illegality of illicit mining has been going on for decades irrespective of the change in governance. There appears to be a clear political nexus in this, and the investigating agencies must investigate thoroughly to cull out the perpetrators. The illegal sand mining activities in the State of Tamil Nadu is operating in the form of Mafia, a completely organised crime, with money power and political power.
10. Activists and journalists have not been given adequate protection by the District Administration. When officials fail in their duties, the common man rises to the occasion to expose the illegalities committed. But the officials only end up giving a tough time to them and many of the activists operate sans any Police protection. It is the obligation of the District Administration, including the Collector and Superintendent of Police to provide adequate protection and ensure safety of people, who come forward to report about illegal sand mining. Failure to guarantee protection to people, who come forward to report on illegal mining or related crimes will entail strict action against the concerned officials including the Superintendent of Police of the concerned district.
11. This Court is forced to fix accountability on the topmost officials today, because for years, State Government has failed to hold the officials accountable in spite of numerous orders passed by this Court as well as the Hon’ble Supreme Court of India, directing the Government to fix accountability on those incharge. Hence, this Court holds that the District Collector shall be the responsible officer to ensure that illegal sand mining is prevented in their concerned districts. The District Collectors shall take all necessary action to put an immediate stop to illegal sand mining across all districts in the State of Tamil Nadu. Any failure to do so, shall invite prosecution, under the relevant laws in force against the District Collector concerned.
13. Corruption in mining has become a norm and has been standardised by the officials involved. A pattern can be drawn from these illicit mining operations. The triangular link is undeniable here between the political, executive and the mining lessees. It has become a systemic corruption.
14. The above principles, though reiterated by the Division Bench of this Court in a judgment in the case of Suo Motu PIL WP.No.1592 of 2015 , the illegal mining activates still continues and therefore, it necessitates this Court to reiterate the said principles for effective monitoring and initiation of action against the perpetrators of crime relating to illegal mining activities across the State of Tamil Nadu.
15. Though the affidavit filed by the Director of Geology and Mining provides details, still this Court is of the considered view that effective and practical approach is required to ensure Real Time Tracking System, through which Commissionerate can monitor entire mining activities across the State and initiate appropriate actions in the manner known to law then and there.
16. It is needless to state that hands of the authorities working under the Department of Geology and Mining are not tied. Any public servant on receiving information about illegal mining activities may file a complaint to the Department concerned or the Directorate or the District Collector, as the case may be, and on receipt of any such complaint, the concerned authority is bound to initiate action, and failure would result in initiation of action against such authorities, who commits omission in initiating action under the Rules.
17. In essence, effective monitoring, control system and initiation of prosecution against the perpetrators and to follow up the cases registered and other connected activities are to be effectively monitored and illegal mining activities are prevented to protect the public property right of the people of our great nation under the Constitution. The State Government is obligated under the Constitution to protect the citizens right as well as to protect the minerals, and any greedy men looting minerals attached to the earth must be dealt with iron hand without showing any leniency.
18. Respondents are directed to conduct field inspection, identify illegal mining activities, if any, and initiate criminal prosecution and actions under the Act and Rules to ensure that illegal mining activities are not only curbed but also prevented in future.
19. With the above directions, the writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions, if any, are closed.
20. Registry, High Court of Madras is directed to communicate copy of this order to the Chief Secretary to Government of Tamil Nadu, who in turn is directed to issue circulars to all the District Collectors across the State of Tamil Nadu to prevent illegal mining activities and to ensure that the mining activities are closely monitored in co-ordination with Revenue Department, Police Department, Department of Geology and Mining and connected Departments.
(S.M.SUBRAMANIAM J.)(C.KUMARAPPAN J.)
17-12-2025
gd
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
To
1.The Additional Chief Environment Engineer
Tamil Nadu Pollution Control Board, Oxylium College Road, Ganthi Nagar, Vellore 632 006
2.The Director
Tamil Nadu Pollution Control Board, Number 76, Mount road, anna Salai, Chennai 32
3.The Director
Department of Geology and Mining Special Squard, Head Office, Alandur Road, Guindy Estate, Chennai 32
4.The district Collector
Dharmapuri District, Dharmapuri
5.The district Environmental Engineer
Tamil Nadu Pollution Control Board, Dharmapuri
6.M/s. Sri Lakshmi Blue Metals
Rep. by its Partner, No. 6, Venugopal Street, Near R.K. Hospital, Dharmapuri
7.M/s. G.Vijayalakshmi
Rough Stone quarry, Rep. by its Partner, No. 6 Venugopal Street, Near R.K. Hospital, Dharmapuri
Copy to
1. Chief Secretary to Government of Tamil Nadu,
Fort St George, Chennai
S.M.SUBRAMANIAM J.
AND
C.KUMARAPPAN J.
gd
WP No. 28880 of 2022
17-12-2025
