Poonamallee Circle vs R-1 The Secretary To Government on 19 September, 2013
50. This Court takes it for granted that neither the State or the Central Government, would contend that if any authority, who is the empowered to inspect, search and strictly enforce the mining and the environmental laws, to preserve and conserve the natural resources, failed to do so, causing huge loss to the Government, they should be allowed to go scot-free. Offences under the Mining laws are offences against the State and unless a specialised agency conducts a thorough investigation, as to whether, who are all the persons involved in the illegal activities, persons, who are shielding the offenders, the network and the illegalities and irregularities are bound to continue. It is the duty of the Constitutional Court to ensure that minerals should not be illegally exported. If such heaps of sand are to be stored at two different villages, either the person in possession and enjoyment of the properties, where the sand is stocked should have quarried the mineral from some place or places or transported sand from one district to another. It should be borne in mind that after 2003, the State has taken over the quarrying activity. Therefore, the State and the District Administration, particularly, the Collectors of Tiruvallur and Kancheepuram, Public Works Department and others, are bound to explain, as to why, they have not taken action, so far. What prevented them from enforcing the penal laws. While considering the issue, as to whether, any independent external agency, has to conduct an impartial and fair investigation, this Court has taken cognizance of the conduct of the Collector, Kancheepuram District, set out supra, the conduct of the Commercial Tax Officer, in not producing the returns submitted by the 5th respondent, the public accountability of the District Collectors of Kancheepuram and Tiruvallur Districts, Public Works Department and other officials, under the provisions of the Mines and Minerals (Development and Regulation) Act, 1957, and the Rules framed thereunder, in particular, to the enforcement of the Tamilnadu Prevention of illegal mining, Transportation and Storage of Minerals and Mineral Dealers Rules, 2011, the Hon'ble Division Bench judment in M.Palanisamy v. The State of Tamil Nadu reported in 2012 (4) CTC 1, the mandate of the Constitutional Court, to enforce the above mining and environmental laws and to protect the revenue of the Government, deems it fit, to order for an investigation, by an external agency.