THE HONOURABLE MR v. The Chief Secretary to Government

W.P(MD)No.3189 of 2026BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 01.04.2026CORAM:THE HONOURABLE MR.JUSTICE N.SATHISH KUMARandTHE HONOURABLE MR.JUSTICE M.JOTHIRAMANW.P(MD)No.3189 of 2026andW.M.P(MD)Nos.2621 & 2625 of 2026Chinnamari ... Petitionervs.1.The Chief Secretary to Government, Government of Tamil Nadu,Secretariat,Chennai - 600 009.2.The Secretary to Government,Geology and Mining Department,Secretariat,Chennai – 600 009.3.The Director,Geology and Mining Department,Guindy,Chennai – 600 032.1/12 https://www.mhc.tn.gov.in/judis W.P(MD)No.3189 of 20264.The District Collector Cum Chairman of DistrictLevel Task Force For Preventing Illegal Mining,Sivagangai Collector Office,Sivagangai District – 630 562.5.The Revenue Divisional Officer,Revenue Divisional Office,Sivagangai District – 630 561.6.The Tahsildar Cum Chairmen of Taluk,Level Task Force For Preventing Illegal Mining,Thiruppuvanam – 630 611.7.The Deputy Director,Geology and Mining Department,Sivagangai – 630 562.8.The Executive Engineer,Public Work Department (WRO),Sivagangai District – 630 562.9.The Superintendent of Police,Office of the Superintendent of Police,Sivagangai District - 630 562.10.The Inspector of Police,Thiruppuvanam Police Station,Thiruppuvanam – 630 611.11.Central Bureau of Investigation,73, Aththikulam, Reserve Line,Madurai – 625 014.2/12 https://www.mhc.tn.gov.in/judis W.P(MD)No.3189 of 202612.Angunatham 13.Selvanathan @ Selvam14.Dhanasekaran 15.Sinkaaram ... RespondentsPRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent Nos.1 to 3, to forthwith preventing the illegal mining activities by the respondent Nos.12 to 15 with their hence men without any valid permissions for sand excavation and sale the same against Rule 38-A of the Tamil Nadu Minor Mineral Concession Rules, 1959, in Survey Numbers.127/6A, 127, 126 and in all adjacent lands in Thoothai Revenue Village, Thiruppuvanam Taluk, Sivagangai District and Consequently directing the concern respondents to take actions as per G.O.(Ms).No 62, (Home Prohibition and Excise (XVI)-Department, dated 01.10.2018, based on the petitioner's representations dated 08.01.2026, 13.01.2026, 27.01.2026 and 02.02.2026 within the time stipulated by this Court.For Petitioner: Mr.T.Gopala KrishnanFor R-1 to R-8: Mr.S.P.Maharajan Special Government Pleader For R-9 & R-10: Mr.E.Antony Sahaya Prabhakar3/12 https://www.mhc.tn.gov.in/judis W.P(MD)No.3189 of 2026ORDER(Order of the Court was made by N.SATHISH KUMAR, J.) The petitioner has filed the present Writ Petition seeking a direction to the respondents 1 to 3 to forthwith prevent the illegal mining activities allegedly carried on by respondents 12 to 15, along with their henchmen, without any valid permission for sand excavation and sale, in violation of Rule 38-A of the Tamil Nadu Minor Mineral Concession Rules, 1959, in Survey Nos. 127/6A, 127, 126 and all adjacent lands in Thoothai Revenue Village, Thiruppuvanam Taluk, Sivagangai District. The petitioner also seeks a consequential direction to the official respondents to take action in accordance with G.O.(Ms).No.62, Home, Prohibition and Excise (XVI) Department, dated 01.10.2018, based on his representations dated 08.01.2026, 13.01.2026, 27.01.2026 and 02.02.2026, within a time frame to be stipulated by this Court.4/12 https://www.mhc.tn.gov.in/judis W.P(MD)No.3189 of 20262.The grievance of the petitioner is that the respondents 12 to 15, with the aid of their henchmen, are carrying on illegal sand quarrying operations in violation of Rule 38-A of the Tamil Nadu Minor Mineral Concession Rules, 1959, in the aforesaid survey numbers. It is alleged that such illegal activities have resulted in destruction of agricultural lands and depletion of groundwater resources, and that the authorities have failed to take any preventive action. Despite submitting several representations, no action has been taken, necessitating the filing of the present Writ Petition.3.The seventh respondent has filed a status report.4.The learned Special Government Pleader appearing for the respondents 1 to 8, based on the status report, submitted that a Taluk Level Task Force Committee, headed by the Tahsildar, Thiruppuvanam, conducted a field inspection on 10.03.2026 in the alleged illicit mining area in Thoothai Revenue Village, Thiruppuvanam Taluk. The Committee reported that no active mining activities were found in Survey Nos.123, 126 and 128. 5/12 https://www.mhc.tn.gov.in/judis W.P(MD)No.3189 of 2026However, in Survey No. 127, signs of recent removal of mineral (silty sand) were noticed in certain subdivisions.5.It is further reported that the mineral found in the area is not pure sand but silty sand, and that illegal mining had taken place in certain subdivisions of Survey No. 127. In respect of Survey No. 126, only old pits filled with water and covered with vegetation were found, and no recent quarrying activity was observed. The Committee also noted clearing of shrubs in Survey No. 128, though no mining activity was detected therein.6.Based on its findings, the Committee recommended initiation of action against the concerned landowners and offenders under Rule 36-A of the Tamil Nadu Minor Mineral Concession Rules, 1959. Pursuant to the said report, the Revenue Divisional Officer, Sivagangai, has requested the Deputy Director of Geology and Mining, Sivagangai, to take appropriate action in accordance with the Rules and G.O. No.170, Industries (MMC.1) Department, dated 05.08.2020. It is submitted that the District 6/12 https://www.mhc.tn.gov.in/judis W.P(MD)No.3189 of 2026Administration has taken necessary action upon receipt of the petitioner’s complaint.7.Heard the learned counsel appearing on either side and perused the materials available on record.8.On perusal of the materials available on record, it is seen that illegal mining of silty sand has been detected in certain subdivisions, as detailed in the tabulation extracted below:PitS.F.NoArea (Sq.mt)Depth (meters)Quantity removed (in chm)Pit – 1127/1A25001.5 4200Pit – 2127/28972.0 1794Pit – 3127/318082.0 3616Pit – 4127/57422.0 1484Pit – 5127/6A11382.0 2276Pit – 6127/13A78832.0 1760Pit – 7127/13A8 1602.0 320Total154567/12 https://www.mhc.tn.gov.in/judis W.P(MD)No.3189 of 20269.Further, the Committee has recommended initiation of action against the landowners of Survey Nos.127/1A, 127/2, 127/3, 127/5, 127/6A, 127/13A7 and 127/13A8 of Thoothai Revenue Village, as well as against the offenders involved, under Rule 36-A of the Tamil Nadu Minor Mineral Concession Rules, 1959. In pursuance of the same, the Revenue Divisional Officer, Sivagangai, has already addressed the Deputy Director of Geology and Mining, Sivagangai, vide R.C.No.6-2/Mines/2026, dated 13.03.2026, to take appropriate action against the pattadars and other persons involved in the illegal activities in the aforesaid survey numbers, in accordance with the said Rules and G.O.No.170, Industries (MMC.1) Department, dated 05.08.2020.10.In view of the above, while noting that action has already been set in motion, we direct the authorities concerned to ensure that appropriate proceedings are carried out in accordance with law. The authorities shall also initiate disciplinary proceedings against the officials, if any, who had failed to take timely action and remained passive spectators to 8/12 https://www.mhc.tn.gov.in/judis W.P(MD)No.3189 of 2026the illegal mining activities. Such proceedings shall be initiated and completed, in accordance with law, within a period of four (4) months from the date of receipt of a copy of this order.11.With the above directions, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. [N.S.K.,J.] [M.J.R.,J.] 01.04.2026NCC: Yes / NoIndex: Yes / NopsTo1.The Chief Secretary to Government, Government of Tamil Nadu,Secretariat, Chennai - 600 009.2.The Secretary to Government,Geology and Mining Department,Secretariat, Chennai – 600 009.3.The Director,Geology and Mining Department,9/12 https://www.mhc.tn.gov.in/judis W.P(MD)No.3189 of 2026Guindy, Chennai – 600 032.4.The District Collector Cum Chairman of DistrictLevel Task Force For Preventing Illegal Mining,Sivagangai Collector Office,Sivagangai District – 630 562.5.The Revenue Divisional Officer,Revenue Divisional Office,Sivagangai District – 630 561.6.The Tahsildar Cum Chairmen of Taluk,Level Task Force For Preventing Illegal Mining,Thiruppuvanam – 630 611.7.The Deputy Director,Geology and Mining Department,Sivagangai – 630 562.8.The Executive Engineer,Public Work Department (WRO),Sivagangai District – 630 562.9.The Superintendent of Police,Office of the Superintendent of Police,Sivagangai District - 630 562.10.The Inspector of Police,Thiruppuvanam Police Station,Thiruppuvanam – 630 611.11.Central Bureau of Investigation,73, Aththikulam, Reserve Line,10/12 https://www.mhc.tn.gov.in/judis W.P(MD)No.3189 of 2026Madurai – 625 014.11/12 https://www.mhc.tn.gov.in/judis W.P(MD)No.3189 of 2026N.SATHISH KUMAR , J. andM.JOTHIRAMAN , J. psORDER MADE INW.P(MD)No.3189 of 2026DATED : 01.04.202612/12