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Showing contexts for: ILMENITE in V.V.Mineral (Firm) vs The Regional Controller Of Mines on 7 July, 2014Matching Fragments
19. The third respondent further submits that the District authority communicated the orders of the first respondent, viz., The Indian Bureau of Mines who suspended the mining operations of the petitioner as per Sub Rules (1) and (2) of Rule 13 of the Mineral Conservation and Development Rules, 1988 since mining operations is being carried out in the mine without having valid proposal in the form of approved scheme of mining. As such, the District Authority only communicated the orders of the first respondent and no fresh orders or directions were given. Therefore, the writ petitions are only with regard to orders issued by the Indian Bureau of Mines, Chennai and not against the State Government. The third respondent further submits that the Government have issued two orders in G.O.Ms.No.156, Industries (MMD1) Department, dated 08.08.2013 and G.O.Ms.No.173, Industries (MMD1) Department, dated 17.09.2013 instructing all the Assistant Directors of Geology and Mining in Thoothukudi, Tirunelveli, Kannyakumari, Madurai and Tiruchi to stop immediately the transport permit to the private lessees of Garnet, Ilmenite and Rutile till the inspections of the Special Team headed by the Revenue Secretary to Government are completed. Hence, the respective District authority have stopped the mining operations of private leases of the above major minerals immediately on issue of the Government Orders. Therefore, the issue of transport permit has been stopped even before the issue of the order of the suspension was impugned. Therefore, the averment that the Collector stopped the issue of transport permits based on the order of suspension is not true.
20. The third respondent further submits that it is true that the Government of Tamil Nadu constituted a Special Team headed by the Revenue Secretary to Government in G.O.Ms.No.156, Industries (MMD.1) Department, dated 08.08.2013 to probe into the complaints of illicit quarrying of minerals-Garnet, Ilmenite and Rutile in Thoothukudi District. The Special Team completed the investigation in Thoothukudi District. The Government have also authorized the Special Team in G.O.Ms.No.173, Industries (MMD1) Department, dated 17.09.2013, to inspect all the lease hold areas of the mineral-Garnet, Ilmenite and Rutile in Tirunelveli, Kannyakumari, Madurai and Tiruchi Districts and submit a report. The Special Team has completed the inspections in Tirunelveli and Kannyakumari Districts during the month of November 2013 and the field inspections in other Districts have not been completed and the final report is pending. The Government have also ordered in the above G.Os' instructing all the Assistant Directors of Geology and Mining in the above Districts not to issue transport permits to the private lessees of the Garnet, Illmenite and Rutile till the inspections are completed. The above Government orders issued by the Government of Tamil Nadu have not been challenged in these writ petitions. As per the G.Os', only after the field inspections and enquires are over, the Government may permit to mine or to take the materials already mined if any. If the petitioner is permitted now to take the Garnet sand before submission of the final report to the Government, it will surely affect the enquiry and verification of the Special Team formed by the Government and defeat the very purpose of forming a Special Team.
22. One Mr.S.P.Ramachandiran has filed an impleading petition to implead him as the sixth respondent in the above writ petition. The impleading petitioner stated that he is a practicing advocate in Thoothukudi and Tirunelveli District Courts and functioning as the District Secretary of the organization being run in the name and style of Human Rights Protection Centre, Thoothukudi District, Tamil Nadu. He further submits that due to sedimentation process, rare minerals like Garnet, Ilmenite, Rutile, Zircon and Thorium rich Monozite have been deposited in the coastal hamlets of Thoothukudi, Tirunelveli and Kanyakumari Districts. Since the minerals are rare and valuable, illicit sand mining have been taking place for the past 25 years in those areas. People of coastal hamlets are continuously opposing the illegal sand mining and fighting for action against the illicit mining mafias. People and public welfare organizations made repeated recommendations seeking the Government to stop the illegal mining on the coastal hamlets of Thoothukudi, Tirunelveli and Kanyakumari Districts. On the basis of the said complaint, the Former District Collector of Thoothukudi District Mr.Ashish Kumar has formed special teams for conducting field inspection to find out the illicit mining of beach minerals. Subsequently, the said Collector had submitted a report on 06.08.2013 to the first respondent regarding the illicit mining of beach minerals at the coastal hamlets of Thoothukudi District. The report reads as follows:-
" I wish to state that in the reference first cited, V.V.Minerals Ltd., has been granted mining lease for mining garnet, ilmenite and Rutile over an extent of 4.06.0 hects in S.F.No.1018/4 etc. of Vaippar-I Village, Vilathikulam Taluk, Thoothukudi District for a period of 30 years. The lease was executed on 04.05.2006 and the lease is valid up to 03.05.2036.
In this context, various complaints were made to the District Collector in person by the Public Welfare Associations from the Keelavaippar Village of Vilathikulam Taluk on 01.07.2013 about illicit mining of beach minerals in Keelavaippar-I Village by V.V.Minerals Ltd., vide reference 3rd cited. In continuation of that, a team comprised of District Environmental Engineer, Thoothukudi, Assistant Director (Mines), Thoothukudi and Deputy Collector (Training) was formed and was instructed to jointly inspect the spot and submit report on the above illicit mining of beach minerals and beach sand by the V.V.Minerals Ltd.