Madras High Court
Sivasankar vs The District Collector on 20 July, 2021
Equivalent citations: AIRONLINE 2021 MAD 1401
Bench: N.Kirubakaran, B.Pugalendhi
W.P.(MD)Nos.11057 & 15312 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 18.12.2020
Pronounced on : 20.07.2021
CORAM:
THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN
and
THE HONOURABLE MR. JUSTICE B.PUGALENDHI
W.P.(MD) Nos.11057 & 15312 of 2020
and
W.M.P.(MD) No.12499 of 2020
W.P.(MD)No.11057 of 2020:
Sivasankar ... Petitioner
Vs.
1.The District Collector,
Tirunelveli District.
2.The Superintendent of Police,
Tirunelveli District.
3.The Revenue Divisional Officer,
Revenue Divisional Office,
Tirunelveli District.
4.The Tahsildar,
Ambasamuthiram Taluk,
Tirunelveli District.
5.Manuvel George ... Respondents
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W.P.(MD)Nos.11057 & 15312 of 2020
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Mandamus directing the respondents 1 to 4 to
restrain the 5th respondent from conducting illegal sand quarry in and around
Vandala Odai Dam situated at Kallidaikurichi Village, Ambasamuthiram Taluk,
Tirunelveli District and consequently, direct the respondents 1 to 4 to conduct
proper enquiry by considering the petitioner's representation dated 23.07.2020.
For Petitioner : Mr.M.Ramesh
For Respondents : Ms.Narmatha Sampath,
Additional Advocate General
Assisted by
Mr.M.Muthugeethaiyan,
Special Government Pleader
for R.1 to R.4
Mr.G.Prabhu Rajadurai
for R.5
*****
W.P.(MD)No.15312 of 2020:
V.Christy ... Petitioner
Vs.
1.The State of Tamil Nadu,
Rep. by its Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat, Chennai – 9.
2.The Secretary to Government of Tamil Nadu,
Mines and Minerals Department,
Secretariat, Chennai – 9.
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W.P.(MD)Nos.11057 & 15312 of 2020
3.The District Collector,
Tirunelveli District,
Tirunelveli.
4.The Joint Director,
Mines and Minerals Department,
Tirunelveli District,
Tirunelveli.
5.The Superintendent of Police,
District Police Office,
Tirunelveli District,
Tirunelveli.
6.The Sub Collector,
Cheranmahadevi Revenue Division,
Cheranmahadevi,
Tirunelveli District.
7.The Tahsildar,
Ambasamuthiram Taluk,
Ambasamudram,
Tirunelveli District.
8.The Inspector of Police,
Kallidaikurichi Police Station,
Kallidaikurichi,
Tirunelveli District.
9.Manuvel George
10.The Additional Director,
Crime Branch-CID,
SIDCO Complex,
Guindy, Chennai. ... Respondents
[R.10 is suo-motu impleaded by order dated .2021]
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W.P.(MD)Nos.11057 & 15312 of 2020
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Mandamus directing the 1st respondent to transfer
the investigation of the river sand theft case registered as Crime No.417 of 2020
from the file of the 8th respondent police to any other investigating agency based
on the representation of the petitioner and other villagers dated 22.09.2020.
For Petitioner : Mr.M.Maran
For Respondents : Ms.Narmatha Sampath,
Additional Advocate General
Assisted by
Mr.M.Muthugeethaiyan,
Special Government Pleader
for R.1 to R.8 & R.10
Mr.G.Prabhu Rajadurai
for R.9
*****
COMMON ORDER
B.PUGALENDHI, J., The writ petition in W.P.(MD)No.11057 of 2020 is filed by the petitioner, Sivasankar, alleging that the fifth respondent therein, namely, Manuvel George, is misusing the quarry licence granted to him and indulging in illegal sand theft. In this regard, a case has been registered in Crime No.417 of 2020 on the file of the Kallidaikurichi Police Station and in order to transfer the investigation in 4/13 https://www.mhc.tn.gov.in/judis/ W.P.(MD)Nos.11057 & 15312 of 2020 this case to some other investigation agency, the writ petition in W.P.(MD)No. 15312 of 2020 came to be filed by the petitioner, V.Christy.
2. Since both the writ petitions are interlinked, they are heard together and are disposed of by way of this common order.
3. For the sake of convenience and clarity, the parties are being referred to as per their rank in W.P.(MD)No.11057 of 2020.
4. The case of the petitioner is that the fifth respondent, who is a resident of Kerala State, was granted licence for storing, processing, consuming of rough stone, gravel, crusher dust and m-sand in the land comprised in S.No.843, South Kallidaikurichi Village, Ambasamuthiram Taluk, Tirunelveli District, adjacent to Vandala Odai Check Dam for a period of five years with effect from 29.11.2019. But the fifth respondent, using the same, is indulging in illegal quarry activities, not only in the allotted land, but also in the adjacent land, including the Vandala Odai Dam. His further case is that with the connivance of local Revenue and Police officials, the fifth respondent is also transporting the sand and is exploiting the same for commercial purposes. 5/13 https://www.mhc.tn.gov.in/judis/ W.P.(MD)Nos.11057 & 15312 of 2020
5. Ms.Narmadha Sampath, learned Additional Advocate General, by filing a status report of the first respondent / District Collector, Tirunelveli, submitted that a stock yard permission was granted to the fifth respondent to store certain minerals in the land comprised in S.Nos.843, 844 & 848 at Tharuvai Village, Palayamkottai Taluk, Tirunelveli District. But several complaints have been received as against the fifth respondent and therefore, the Tahsildar, Ambasamuthiram has also inspected the site. After inspection, the Tahsildar reported that the fifth respondent quarried the sand from the adjacent patta lands and transported the quarried sand to various places, illegally.
6. She further submitted that the Sub-Collector, Cheranmahadevi, inspected the site and found that the fifth respondent, by exploiting the stock yard permission, has quarried the sand in the nearby place, removed 27,773.66 cubic metre of sand from the nearby check dam. The Sub Collector, Cheranmahadevi, has also initiated a proceedings as against the fifth respondent and levied a penalty of Rs.7,59,83,994/- and Rs.1,97,37,584/- as cost of mineral, under the provisions of the Tamil Nadu Mines and Minerals Concession Rules, 1959. Subsequently, the registration certificate issued in favour of the fifth 6/13 https://www.mhc.tn.gov.in/judis/ W.P.(MD)Nos.11057 & 15312 of 2020 respondent was also cancelled on 08.09.2020 and a criminal case has also been registered as against the fifth respondent and others in Crime No.417 of 2020, on the file of the Kallidaikuruchi Police Station, Tirunelveli, under Section 379 IPC. In order to transfer this investigation from the file of the Kallidaikurichi Police Station, W.P.(MD)No.15312 of 2020 came to be filed.
7. Heard the learned Counsel appearing for the respective parties and perused the documents placed on record, including the Case Diary file in Crime No.417 of 2020.
8. The fifth respondent, a resident of Kerala, who is not having any quarry in the State and any land in that area, obtained permission from the authorities concerned, as if he wants to have a stock yard for storing the minerals, but exploited the same by quarrying the river sand from a nearby check dam and the adjacent areas. The Sub Collector, Cheranmahadevi, who inspected the site, has assessed that 27,773.66 cubic metre of sand has been illegally quarried and transported and imposed penalty of Rs.7,59,83,994/- and Rs.1,97,37,584/-, under the provisions of Tamil Nadu Mines and Minerals Concession Rules, 1959. It also appears that the registration certificate issued in favour of the fifth 7/13 https://www.mhc.tn.gov.in/judis/ W.P.(MD)Nos.11057 & 15312 of 2020 respondent was also cancelled. Therefore, the grievance expressed by the petitioner in W.P.(MD)No.11057 of 2020 no longer subsists.
9. While cancelling the registration certificate issued in favour of the fifth respondent, a criminal case has also been registered as against the fifth accused and others in Crime No.417 of 2020 on the file of the Kallidaikurichi Police Station, Tirunelveli, under Section 379 IPC. It appears that the Assistant Engineer, Agricultural Engineering Department has also facilitated the offence by creating seven farm ponds in S.Nos.845, 846/6, 844, 849, 848, 833 of Therkku Kallidaikuruchi Part II Village, Ambasamuthiram Taluk, Tirunelveli District, using a Government subsidy meant for the benefits of the farmers for supply of water.
10. But, though law has been set in motion as against the fifth respondent and 22 others, no action has been taken as against the concerned officials, who have facilitated the fifth respondent to commit the offence. It is represented that so far nine accused have been apprehended. An affidavit has been filed by the Inspector of Police, Kallidaikurichi Police Station, giving the stage of the investigation as well as the recovery of vehicles. It appears that the offence has 8/13 https://www.mhc.tn.gov.in/judis/ W.P.(MD)Nos.11057 & 15312 of 2020 been altered to Sections 379, 120(b), 420, 465, 468 & 471 IPC and Section 21(1)(IV) of Mines and Minerals (Development & Regulation) Act. The affidavit further reads that several transit pass issued by Mines Department, with and without signature and 243 Hologram stickers were seized from the accused persons. The Hologram stickers are Government records, containing Government Emblem and Serial Number, which would be pasted in the transit pass. Therefore, prima facie, it appears that large scale exploitation took place, with the connivance of various Government officials. In fact, a Register (note book) has also been seized from one of the accused during the course of the investigation, wherein, the details as to the disbursal of amount to various officers has been recorded. But the investigation in this regard is silent.
11. No doubt, the Inspector of Police, Kallidaikurichi Police Station, is conducting the investigation in a fair manner and recovered several worthable materials. But then, taking into account the involvement of several Government Officials, including Revenue, Police, Agriculture and Mining Officials, etc., which is yet to see the light based on the materials recovered and the sensitivity of the issue, we are inclined to transfer the investigation in Crime No.417 of 2020 from the file of the Kallidaikurichi Police Station to CBCID. 9/13 https://www.mhc.tn.gov.in/judis/ W.P.(MD)Nos.11057 & 15312 of 2020
12. Accordingly, the Additional Director, Crime Branch-CID, SIDCO Complex, Guindy, Chennai, is suo-motu impleaded as 10th respondent in W.P. (MD)No.15312 of 2020, who, after verifying the papers, shall entrust the investigation in Crime No.417 of 2020 pending on the file of Kallidaikurichi Police Station to an Officer not below the rank of Deputy Superintendent of Police. The Inspector of Police, Kallidaikurichi Police Station shall hand over all the materials to the newly impleaded 10th respondent, without any delay. The investigation officer, to be assigned by the newly impleaded 10th respondent, shall endeavor to complete the investigation as expeditiously as possible, by charging all the delinquent officials.
13. At this juncture, it is to be noted that once a permission / license is granted for quarrying, it is obligatory on the part of the authorities to put in proper and effective monitory mechanism in the form of regular inspection or surprise inspection to find out whether the conditions of the permission / license are strictly complied with. The authorities shall also explore the possibility of installing closed-circuit television [CCTV] in all the quarrying / storage sites, for which, they have accorded permission. A monitoring unit would be assigned 10/13 https://www.mhc.tn.gov.in/judis/ W.P.(MD)Nos.11057 & 15312 of 2020 at the Taluk, District and State Level. If such actions are taken by the authorities, coupled with regular, periodical and surprise inspections, these kind of illegal activities would have been abated.
14. In fine, both the writ petitions stand disposed of. No costs. Pending miscellaneous petitions, if any, shall stand closed.
[N.K.K.J.,] [ B.P.J.,]
20.07.2021
Index : Yes / No
Internet : Yes
gk
To
1.The Secretary to Government,
State of Tamil Nadu,
Home, Prohibition and Excise Department,
Secretariat, Chennai – 9.
2.The Secretary to Government of Tamil Nadu, Mines and Minerals Department, Secretariat, Chennai – 9.
3.The Additional Director, Crime Branch-CID, SIDCO Complex, Guindy, Chennai.
11/13 https://www.mhc.tn.gov.in/judis/ W.P.(MD)Nos.11057 & 15312 of 2020
4.The District Collector, Tirunelveli District, Tirunelveli.
5.The Joint Director, Mines and Minerals Department, Tirunelveli District, Tirunelveli.
6.The Superintendent of Police, District Police Office, Tirunelveli District, Tirunelveli.
7.The Sub Collector, Cheranmahadevi Revenue Division, Cheranmahadevi, Tirunelveli District.
8.The Revenue Divisional Officer, Revenue Divisional Office, Tirunelveli District.
9.The Tahsildar, Ambasamuthiram Taluk, Ambasamudram, Tirunelveli District.
10.The Inspector of Police, Kallidaikurichi Police Station, Kallidaikurichi, Tirunelveli District.
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