Madras High Court
C.Elango vs The Director Of Geology And Mining on 17 November, 2023
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.(MD)No.12411 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.11.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.12411 of 2020
and
W.M.P.(MD)Nos.10617 and 10619 of 2020
C.Elango ... Petitioner
vs.
1.The Director of Geology and Mining,
O/o.the Director of Geology and Mining,
Alandur Road, Guindy Industrial Estate,
Guindy, Chennai -32.
2.The Commissioner,
Department of Geology and Mining,
Thiru Vi.Ka.Industrial Estate, Guindy, Chennai -32.
3. The Assistant Director of Ge Ology and Mining,, O/o.The Assistant
Director of Geology and Mining, Thanjavur District, Thanjavur.
4.The District Collector,
Thanjavur District, Thanjavur.
5.The Tahsildar,
O/o the Tahsildar,
Oraththanaadu Taluk, Thanjavur District.
6. A.Desendran
7. D.Pandiswaran ... Respondents
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https://www.mhc.tn.gov.in/judis
W.P.(MD)No.12411 of 2020
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, directing the Respondent Nos.1
to 5 to forbear the indiscriminate river sand mining by the respondents 6
and 7 in the river spread and river bund in Akkini Aaru between
Thirumananjeri bridge and Eichanviduthi bridge in the river course
adjoining Neyvelivadapaathi and Neyvelithenpaathi Villages,
Oraththanaadu Taluk, Thanjavur District within time frame stipulated by
this Court.
For Petitioner :Mr.S.Rajasekar
For R1 to R5 :Mr.A.K.Manikkam
Special Government Pleader
For R6 and R7 :Mr.S.Deenadhayalan
*****
ORDER
This Writ Petition has been filed for the issue of Writ of Mandamus directing the official respondents to forbear the indiscriminate river sand mining done by the private respondents in the river spread and river bund in Akkini River (mf;fpdpahW) between Thirumananjeri bridge and Eichanviduthi bridge in the river course adjoining Neyvelivadapaathi and Neyvelithenpaathi Villages, Oraththanaadu Taluk, Thanjavur District. 2/16 https://www.mhc.tn.gov.in/judis W.P.(MD)No.12411 of 2020
2. The petitioner is a marginal farmer belonging to the Neyvelivadapaathi Village, Oraththanaadu Taluk, Thanjavur District. The petitioner has alleged that the private respondents are involved in illicit sand mining and sand theft in the river spread and river bund in Akkiniyaru. The complaints, that were given by the petitioner, did not yield any result. In view of the excessive sand mining, there was considerable reduction in storage of water, which, in turn, affected the ground water table and as a result, it was affecting the Agriculturalists, who were not able to get sufficient water and there was also soil erosion. It is under these circumstances, the present Writ Petition has been filed.
3.The third respondent filed a report before this Court and took a stand that there was no river sand mining or illegal transportation of sand and that the area is being continuously monitored by the Revenue and Police departments. This report was filed on 06.07.2023.
4.When the matter came up for hearing on 18.10.2023, the learned Counsel for the petitioner seriously disputed the stand taken by the third respondent in the report and submitted that sand mining is going-on in 3/16 https://www.mhc.tn.gov.in/judis W.P.(MD)No.12411 of 2020 that area. In view of stand taken by the learned Counsel for the petitioner, this Court wanted to ascertain the real position and therefore, this Court appointed Ms.M.Benazir Begum, Advocate, as Advocate Commissioner to inspect the place and to file a report before this Court. The order passed by this Court on 18.10.2023 in this regard is extracted hereunder:
“This Writ Petition has been filed seeking for issuance of a Writ of Mandamus directing the respondents 1 to 5 to prevent sixth and seventh respondents from illegally mining the river sand at Akkini Aaru river bund between Thirumananjeri bridge and Eichanviduthi bridge in the river course adjoining Neyvelivadapaathi and Neyvelithenpaathi Villages, Oraththanaadu Taluk, Thanjavur District.
2.The specific case of the petitioner is that the sixth and seventh respondents are carrying out indiscriminate sand mining in the above place. When this Writ Petition was entertained, this Court had also granted an order of interim injunction. The learned Counsel for the petitioner further submitted that in spite of the order of interim injunction, the illegal sand mining continues.
3.The third respondent filed a report before this Court and has taken a very specific stand that there is no illegal sand mining or illegal transportation of sand from the aforesaid place.
That apart, it is also mentioned in the report that the area is being continuously monitored by the Revenue and Police departments.
4.Considering the seriousness of the allegations that has been raised in this Writ Petition, this Court wants to ascertain the real status on the ground. Hence, this Court appoints Ms.M.Benazir Begum (E.No.M/s.2821/2010, Mob.No.94447 00768, 7010419198, No.143, Lawyer’s Chamber, Madras High Court, Madurai Bench,Madurai-23), as Advocate Commissioner in this case. The learned Advocate Commissioner shall visit the river spread near Akkini Aaru river bund between 4/16 https://www.mhc.tn.gov.in/judis W.P.(MD)No.12411 of 2020 Thirumananjeri bridge and Eichanviduthi bridge in the rivercourse adjoining Neyvelivadapaathi and Neyvelithenpaathi Villages, Oraththanaadu Taluk, Thanjavur District. The learned Advocate Commissioner shall note down the physical features and also take photographs and videographs and a report shall be filed before this Court during the next date of hearing. The concerned place shall be identified by the third and fifth respondents and they shall assist the learned Advocate Commissioner in performing the duty that has been assigned to her. The petitioner is directed to pay the initial remuneration of Rs.25,000/- to the learned Advocate Commissioner.
5.Post this case under the caption “for filing report” on 08.11.2023.”
5.The matter was once again posted for hearing on 08.11.2023 and on that day, the learned Advocate Commissioner submitted the report along with relevant documents as well as the Compact Disc (CD) and three samples of river sand. The first sample contained the river sand, the second sample contained loam soil (Savudu sand) and the third sample contained the filtered loam soil. For proper appreciation, the report of the learned Advocate Commissioner, dated 08.11.203, is extracted hereunder:
“1.It is submitted that in pursuance of the orders passed by this Hon'ble Court dated 18.10.2023, after giving notice to the learned counsels for the petitioner and respondents respectively on 01.11.2023, I have visited the disputed river spread and river bund in Akkini Aaru between Thirumananjeri bridge and Eichanviduthi bridge in the rivercourse adjoining Neyvelivadapathi and Neyvelithenpaathi Vilages, Oraththanaadu 5/16 https://www.mhc.tn.gov.in/judis W.P.(MD)No.12411 of 2020 Taluk, Thanjavur District on 04.11.2023.
2. It is respectfully submitted that during my inspection, i.e., on 04.11.2023, at 2.00 p.m., the petitioner namely Mr.C.Elango was present without the presence of his learned counsel. By representing the 3rd respondent (the Assistant Director of Geology and Mining) one Mr.Muthu, Assistant Geologist and one Mr. K. Arumugam, Revenue Inspector of the same department were present. Mrs. T.S. Sundaraselvi, who is the Tahsildar of Oraththanaadu Taluk, Thanjavur District was also present along with her officials namely Mr. Ayyappan, Revenue Inspector of Kavalipatty, Mr. Palanivel, VAO of Neiveli Thenpathi, Mrs. Krishnaveni, Field Surveyor, Kovilpatty Firka, Oraththanaadu Taluk. All the above-mentioned respectful officials were co-operating and assisting me with relevant information and they identified the said Akkini River bund and river spread. In addition to their presence, the 3rd respondent has arranged a local photographer, he was also helping me in taking relevant pictures and videos.
3.It is meekly submitted that on my inspection, I came to know that number of sand mining took place in the river spread and river bund. It is pertinent to note that I found the river sand mining even from the drainage network of a river everywhere.
4.It is most respectfully submitted that the said river spread and bund have immense water resource and initially, I started my visit and inspection from the left side of the river bund as per the suggestions given by the officials. On moving, I noticed oil engine motor and few number of connecting pipe lines through the motor, which has been directly connecting into the river and the water from the river is one of the source of their agricultural operations. On enquiry with the petitioner and Government officials, I came to know that it has been connected for the purpose of doing agricultural activities and irrigation works.
5.It is diffidently submitted that for intriguing water from the river channels to their agricultural filed, the agriculturists dug some particular places and remove the sand (may be loam soil) from the river spread and let the sand near to their pipe lines. Totally, I noticed two oil engine motors of the agriculturists in the river bund and also I noticed oil tarnish in the river spread 6/16 https://www.mhc.tn.gov.in/judis W.P.(MD)No.12411 of 2020 because of the fixation of an oil engine which belongs to the petitioner and now the oil engine is not available in the river bund, however, the oil tarnish remains in black colour.
6.It is succumbed that after completing left side of the river bund, the Government officials came to the conclusion that there is no sand mining according to them, but, I was not able to accept their proposal. Therefore, again, I returned to the starting point and roaming the river bund for more than 2 hours and atlast, at 4.00 p.m., I noticed the spoor of the bulls and also the prints of the bullock cart's wheels. Therefore, I asked the local residents and local government officials regarding the rainfall on the last night. They informed me that last night was also heavy rain failing in the disputed area.
7. It is presented that therefore; I enquired the officials regarding the recent sand theft and registration of cases to the effect. I knew some details regarding the sand theft from the communication addressed to the District Collector Thanjavur District, by the Tahsildar Oraththanaadu Taluk in his proceedings in Na.Ka.8214/2020/Aa4 dated 20.06.2023. On seeing the communication, I found that in the year 2023, they have registered only 6 cases under the Mines and Minerals (Regulation and Development) Act, 1957 for sand theft and concluded that there is no illegal sand mining recently. However, I am not able to conclude my report as what the Tahsildar has wrongly observed in the communication.
8.It is reverentially submitted that therefore, I started to follow the spoor of the bulls and wheel prints of bullock carts and after go behind them for more than 2 kms, I noticed the sand theft committed by the village people in Neyveli Thenpathi in the Akkini River bund. With shock and surprise, I noticed that they are doing indiscriminate river sand mining in the core and end of the river. Because, the people are cleverly doing their act of sieving the river sand in the river bund itself by using sieving tool and keep the sieved sand in the river spread itself, so that, I was not able to trace them for more than 2 hours and as per their requirement, they are transporting the same. With the help of the photographer, I took the photographs of two river sand heaps and one sieving tool and further I collected the sample of the mining sand in the lace of Neyveli Thenpathi,(Akkini River bund/spread) that is Sample No. 1 sand. According to my opinion, the sample 7/16 https://www.mhc.tn.gov.in/judis W.P.(MD)No.12411 of 2020 no. 1 sand is river sand, because, it has no silt or original clay in it's' texture and quality.
9.It is succumbed that in the same area, may be within a distance of 100 or 200 meters, I noticed the big size wheel prints, it may be tractor or JCB. But, inside the river, there is no purpose for bringing the tractor or JCB. Continuing my visit, I found many trench inside the river bund and spread as they had been dug for the purpose of illegal sand mining. Some trenches develop and appear because of rain fall. Some develop and appear because of the sand mining.
10.It is discreetly submitted that after completing my visit, finally, I went transversely into the village namely Neyveli Vadapathi(very near to the river spread and Neyveli Thenpathi), in an open space, I noticed many sand heaps and collected the sample and came to know that the heaps were sieved and mined from the Akkini river. According to me, it is the type of loam soil(savudu sand), because, it consists of silt, sand and original clay based on it's texture and quality. The same was packed in sample no.3, because, I collected the same texture of sand (not sieved) in the river bund, that was packed in sample no.2.
11. It is modestly submitted that for supporting all my submissions and visit, I have enclosed the photographs and (also available in typed set)videos in compact disc.”
6.This Court passed the following order on 08.11.2023:
“The learned Advocate Commissioner submitted the report along with all the relevant documents as well as the compact disc (CD). The learned Advocate Commissioner also produced the sample of river sand, savudu sand and filtered savudu sand. A copy of the entire material was also furnished to the learned Counsel for the petitioner and the learned Special Government Pleader.
2.The learned Special Government Pleader shall take instructions in this regard and report before this Court. The learned Counsel for the petitioner shall also go through the report and make their submissions during the next date of hearing.
8/16 https://www.mhc.tn.gov.in/judis W.P.(MD)No.12411 of 2020
3.The learned Counsel for the petitioner assured that remuneration will be paid to the learned Advocate Commissioner forthwith. Post this case under the same caption on 17.11.2023.”
7.This Court directed the learned Special Government Pleader to take instructions on the report, that was filed by the learned Advocate Commissioner before this Court and the matter was posted for hearing today.
8.When the matter was taken up for hearing today, Mr.S.Muthu, Assistant Geologist from the third respondent office, was present before this Court. The learned Special Government Pleader, on instructions from the third respondent, submitted that there was sand mining in the subject place and that in order to curtail the sand mining and transportation of sand, serious efforts were made by the department. As a result, four FIRs came to be registered on 01.08.2023, 16.08.2023, 14.09.2023 and 19.10.2023. In the course of investigation, totally 13 bullock carts and 3 Mahindra Bolero Jeeps were also seized. The learned Special Government Pleader submitted that the fourth respondent, viz., the District Collector will seriously act upon the report submitted by the 9/16 https://www.mhc.tn.gov.in/judis W.P.(MD)No.12411 of 2020 learned Advocate Commissioner and will ensure that no more sand mining takes place in the river bed and stringent steps are taken against the persons, who are involved in the same.
9.The Hon’ble Apex and various High Courts in India have been crying hoarse about the indiscriminate sand mining that is going on at various parts and particularly, the mining of sand in the river bed. It is quite unfortunate that no one realise that sand mining will disturb the ecological balance to the environment and it will completely destroy the river and cause depletion of water level and soil erosion. Article 51A(g) of Constitution of India provides a fundamental duty to protect and improve the natural environment, including forest, lakes, rivers and wild life. The Executive is expected to follow this fundamental duty in letter and spirit and whenever, there is a failure, it is the Court which steps in and ensures that this fundamental duty is complied with.
10.From the details that have been provided by the learned Advocate Commissioner, it can be seen that some poor farmers are involved in the transportation of river sand in bullock carts. The apathy 10/16 https://www.mhc.tn.gov.in/judis W.P.(MD)No.12411 of 2020 shown towards the farmers pushes them to the brink and in order to sustain their livelihood, they either sell their agricultural lands to land brokers or they involve themselves in activities of transporting river sand in bullock carts. In the instant case, the agricultural activities seem to have been adversely affected and as a result, due to sheer desperation, some of the farmers are indulging themselves in transportation of river sand in bullock carts. These poor agriculturalists are the victims of circumstances and it is quite unfortunate that the society has not cared for the welfare of the farmers and as a result, the society itself becomes responsible for making these farmers indulge in criminal activities. Ultimately, it is not these poor farmers, who will be benefited out of the illicit mining and transportation of river sand and it is some sand mafia, who will be benefitted out of it. This pattern has become a vicious cycle and the sand mafia does not realise that it is only a matter of time that the nature will start retaliating and at that point of time, everyone will perish irrespective of whether he is rich or poor.
11.The instant case is a clear indicator as to what is really happening near the river bed. When the farmers are not able to sustain 11/16 https://www.mhc.tn.gov.in/judis W.P.(MD)No.12411 of 2020 themselves through farming activities, they also become a part of mafia by helping them in transporting the illegal sand from the river bed. The report filed by the learned Advocate Commissioner must be an eye opener for the district administration to ensure that the mining does not continue any further.
12.In the light of the above discussion, there shall be a direction to the respondents 1 to 5 to ensure that no river sand mining takes place in the river spread and river bund in Akkini River (mf;fpdpahW) between Thirumananjeri bridge and Eichanviduthi bridge in the river course adjoining Neyvelivadapaathi and Neyvelithenpaathi Villages, Oraththanaadu Taluk, Thanjavur District. Stringent actions shall be taken against those persons, who are involving themselves in illicit sand mining and transportation of sand. Ultimately, it is the fundamental duty of the respondents 1 to 5 to protect the natural environment, which also includes the rivers.
13.Before drawing curtain, this Court has to place on record its appreciation for the impressive work done by the learned Advocate 12/16 https://www.mhc.tn.gov.in/judis W.P.(MD)No.12411 of 2020 Commissioner, who had gone that extra mile and had even collected the samples of the sand that was available in the site to demonstrate as to how the river sand mining is going on in the concerned place. If this report had not been filed, this Court would not have understood or appreciated the seriousness of the issue involved in this case. This Court is inclined to direct payment of additional remuneration to the learned Advocate Commissioner. Hence, there shall be a direction to the third respondent to ensure that an additional remuneration of a sum of Rs.50,000/- is paid to the learned Advocate Commissioner within a period of four weeks from today.
14.This Writ Petition is disposed of in the above terms. This Court is inclined to get periodical reports in this case and it required to issue continuing Mandamus. There shall a direction to the District Collector, Tanjore District to file periodical reports in this case once in three months giving the status of the steps and the actions taken against the persons involving in illicit sand mining and sand transportation. Consequently, connected miscellaneous petitions are closed. 13/16 https://www.mhc.tn.gov.in/judis W.P.(MD)No.12411 of 2020
15.Post this case under the caption “for filing report” on 04.03.2024.
Index :Yes / No 17.11.2023
Internet :Yes / No
NCC :Yes / No
cmr
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https://www.mhc.tn.gov.in/judis
W.P.(MD)No.12411 of 2020
To
1.The Director of Geology and Mining,
O/o.the Director of Geology and Mining,
Alandur Road, Guindy Industrial Estate,
Guindy, Chennai -32.
2.The Commissioner,
Department of Geology and Mining,
Thiru Vi.Ka.Industrial Estate, Guindy, Chennai -32.
3. The Assistant Director of Ge Ology and Mining,, O/o.The Assistant Director of Geology and Mining, Thanjavur District, Thanjavur.
4.The District Collector, Thanjavur District, Thanjavur.
5.The Tahsildar, O/o the Tahsildar, Oraththanaadu Taluk, Thanjavur District.
15/16 https://www.mhc.tn.gov.in/judis W.P.(MD)No.12411 of 2020 N.ANAND VENKATESH, J.
cmr W.P.(MD)No.12411 of 2020 17.11.2023 16/16 https://www.mhc.tn.gov.in/judis