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(b) Accordingly, the Government constituted a Six Member High Level Committee. On the basis of the recommendations made by the Committee, the Government inserted Rule 38A of the Tamilnadu Minor Mineral Concession Rules, whereby all existing leases for quarrying sand in Government lands and the permissions granted in ryotwari lands ceased to be effective from 2.10.2003.

The right to quarry sand vested with the Government. Therefore, on and from 2.10.2003, all sand quarries in Government lands started getting operated only by the Public Works Department;

(c) The validity of Rule 38A was upheld by the Supreme Court in State of Tamilnadu Vs. P.Krishnamurthy [2006 (4) SCC 517];

(d) By order in G.O.Ms.No.327 Industries dated 1.12.1997, the Government prohibited the use of machinery for quarrying sand from river beds. By another Government Order in G.O.Ms.No.19 Industries Department dated 19.4.2004, Sub-Rule (6) was inserted under Rule 36A of the Tamilnadu Minor Mineral Concession Rules. The said Sub-Rule prohibited the use of machinery for quarrying sand from river beds, except with the permission of the Secretary to Government, Industries Department or anyone authorized by him;

(e) In the year 2010, a batch of writ petitions came to be filed on the file of the Madurai Bench of the Madras High Court in W.P.(MD).No.11182 of 2010 batch of cases, with regard to indiscriminate sand quarrying operations in the river Tamirabarani. By a common order dated 2.12.2010, a Division Bench of this Court issued certain directions, which were applicable also to the quarrying of sand in the other rivers of the State of Tamilnadu. One of the directions issued in paragraph 86 of the said decision was that no poclain or other heavy machinery should be used for sand quarrying and that an amendment in this regard should be made to the Rules within six months;

(f) The Government came up with an application for review of the order. Considering the request, the Division Bench of this Court, by an order dated 10.1.2011, modified its earlier order dated 2.12.2010 and permitted two poclains to be used, during restricted timings.

(g) Thereafter, a batch of writ petitions came to be filed in W.P.(MD).Nos. 4699 of 2012 etc. cases, praying for the issue of Writs of Mandamus to forbear the respondents from carrying on sand quarrying operations along side the stretches of the rivers of Cauvery and Kollidam in Karur, Trichy, Thanjavur, Nagapattinam and Thiruvarur Districts. In the course of hearing of those writ petitions, the Government pointed out that there were about 42 sand quarrying operators operating in the river Cauvery across five districts namely Karur, Trichy, Thanjavur, Thiruvarur and Nagapattinam. Therefore, this Court directed the District Collectors of those five districts to file independent reports giving details about the quarries in operation. Accordingly, those details were filed by the District Collectors.