Madras High CourtWP(MD)/512/2017dismissed

M/S. Beach Minerals Sands Company, v. The State Of Tamilnadu, Represented By The Chief Secretary Of Governement,

2025-02-17Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice M.Jothiraman17 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 27.01.2025 PRONOUNCED ON : 17.02.2025

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN W.P.(MD).Nos.512, 513, 573, 574, 6299, 6301, 6679 and 6680 of 2017 M/s.Beach Mineral Company Private Limited, Rep by Managing Director, Mr.Harihara Mahadevan, 31-2, Halls Road, Egmore, Chennai - 600 008, Tamil Nadu.

... Petitioner Vs.

1.The State of Tamil Nadu, Rep by The Chief Secretary of Government, Fort St.George, Chennai - 600 009.

2.The Secretary to Government, Industries Department, Fort St.George, Chennai - 600 009.

3.The District Collector, Collectorate, Tirunelveli.

4.The Member Secretary, Tamil Nadu Pollution Control Board (TNPCB), Panagal Maaligai, 76, Mount Salai, Guindy, Chennai - 600 032.

5.Principal Secretary, Ministry of Environment and Forests, Fort St.George, Chennai - 600 009.

[R4 & 5 are impleaded vide order dated 12.11.2021 in W.P.(MD).No.512 of 2017] ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari, calling for the records of the 3rd respondent in Order No.Rc.No.M3/40365/2015, dated 09.11.2016 and quash the same in respect of petitioner company.

For Petitioner : Mr.Puhazh Gandhi For Respondents : Mr.Aravind P.Datar, Senior Counsel asst by Mr.B.Vijay, Additional Government Pleader (for R1-3&5) Mr.B.N.Suchindran, Standing counsel (for R4) COMMON ORDER S.M.SUBRAMANIAM, J.

The above Writ Petitions have been instituted challenging the minutes/findings of the District Level Committee dated 09.11.2016.

2. The mining companies have mainly contended that in the event of setting aside G.O.Ms.No.179, dated 27.07.2015 constituting Taluk Level,

District Level and State Level Committee, the findings of the District Level Committee dated 09.11.2016 will have no impact on the mining companies. Further, it is stated that the decision taken by the District level committee to the effect that in view of the large scale violations of illegal mining and transport of Garnet, Ilmenite, Rutile, Zircon, Sillimanite and Leucoxene detected for the period from 2000-01 to 2015-16, any previously settled royalty accounts shall be construed as null and void, is unconstitutional, as the District level committee has not been delegated with such powers for arriving at such a conclusion.

3. The Government contended that, in the event of this Court holding that the constitution of three tier committee is within the powers of the State Government, the decision taken by the District Level Committee is valid. It is found that large scale violations were deducted in the production and transportation of Raw sand, and processed minerals namely Garnet, Ilmenite, Rutile, Zircon, Sillimanite and Leucoxene for the period 2008-09 to 2011-12. Excess quantum of minerals mined and transported by the mining companies over and above the quantity permitted for production in the approved mining plan/ scheme of mining shall be treated as unlawfully transported. The Assistant Commissioner Customs vide letter dated 05.10.2016 furnished the details of

quantum of BSMs exported by the private respondents particularly after the stopping of issuance of transport permits from 08.08.2013 to 10.09.2016. The mining companies have not disputed the mechanism arrived by the District level committee for estimating the quantum of minerals unlawfully mined and transported during the pre-ban period.

4. The issue relating to illegal mining, transportation and storage are elaborately discussed by this Court in the Suo Motu W.P.No.1592 of 2015.

5. In view of the findings and the final order passed in Suo Motu (PIL) in W.P.No.1592 of 2015, the Writ Petitions stand dismissed. Consequently, the connected Miscellaneous Petitions, if any, are closed. No costs. [S.M.S., J.] [M.J.R., J.] 17.02.2025 Index: Yes/No Speaking/Non-speaking order gd To 1.The Chief Secretary of Government,

Fort St.George, Chennai - 600 009.

2.The Secretary to Government, Industries Department, Fort St.George, Chennai - 600 009.

3.The District Collector, Collectorate, Tirunelveli.

4.The Member Secretary, Tamil Nadu Pollution Control Board (TNPCB), Panagal Maaligai, 76, Mount Salai, Guindy, Chennai - 600 032.

5.Principal Secretary, Ministry of Environment and Forests, Fort St.George, Chennai - 600 009.

S.M.SUBRAMANIAM, J.

AND M.JOTHIRAMAN, J.

gd 17.02.2025 W.P.(MD).Nos.512, 513, 573, 574, 6299, 6301, 6679 and 6680 of 2017

S.M.SUBRAMANIAM, J.

AND M.JOTHIRAMAN, J.

(Order of the Court was made by S.M.SUBRAMANIAM, J.) Today, this matter has been listed under the caption 'for being mentioned'. 2.

In the original Order dated 17.02.2025, the cause title for the case number W.P.(MD) No.512 of 2017 alone has been typed and for the other cases, the cause title, the name of the counsels appeared and to addresses were not typed.

Hence, cause title for the other cases shall also be included as follows:

W.P.(MD)Nos.513, 573 & 574 of 2017 M/s.Beach Mineral Company Private Limited, Rep by Managing Director, Mr.Harihara Mahadevan, 31-2, Halls Road, Egmore, Chennai - 600 008, Tamil Nadu.

... Petitioner in W.P.(MD).No.513 of 2017 M/s.Beach Mineral Company Private Limited,

31-2, Halls Road, Egmore, Chennai - 600 008, Tamil Nadu Rep by its authorised signatory, Mr.Senthil Arumugam ... Petitioner in W.P.(MD).Nos.573, 574 of Vs.

1.The State of Tamil Nadu, Rep by The Chief Secretary of Government, Fort St.George, Chennai - 600 009.

2.The Secretary to Government, Industries Department, Fort St.George, Chennai - 600 009.

3.The District Collector, Collectorate, Tirunelveli.

4.The Member Secretary, Tamil Nadu Pollution Control Board (TNPCB), Panagal Maaligai, 76, Mount Salai, Guindy, Chennai - 600 032.

5.Principal Secretary, Ministry of Environment and Forests, Fort St.George, Chennai - 600 009.

... Respondents in all W.P's [R4 & R5 are impleaded vide order dated 12.11.2021 in W.P.(MD).Nos.513, 573 & 574 of 2017] Prayer in WP (MD) No.513 of 2017:

Writ Petition filed under Article 226 of Constitution of India to issue writ of Declaration, declaring that the order No.R.C.No.M3/40365/2015 dated 09.11.2016 passed by the 3rd respondent as illegal, null and void and ultra vires in respect of the petitioner's company and against the principles of natural justice.

Prayer in WP (MD) No.573 of 2017:

Writ Petition filed under Article 226 of Constitution of India to issue writ of certiorari, calling for the records of the 3rd respondent in order No.R.C.No.M3/40365/2015 dated 09.11.2016 in respect of the petitioner's company is concerned and quash the same.

Prayer in WP (MD) No.574 of 2017:

(in all W.P's) For Petitioner : Mr.Pugazh Gandhi For Respondents : Mr.Aravind P.Datar, Senior Counsel asst by Mr.B.Vijay, Additional Government Pleader for R1 to R3 and R5 : Mr.B.N.Suchindran Standing Counsel for R4

To 1.The State of Tamil Nadu, Rep by The Chief Secretary of Government, Fort St.George, Chennai - 600 009.

2.The Secretary to Government, Industries Department, Fort St.George, Chennai - 600 009.

3.The District Collector, Collectorate, Tirunelveli.

4.The Member Secretary, Tamil Nadu Pollution Control Board (TNPCB), Panagal Maaligai, 76, Mount Salai, Guindy, Chennai - 600 032.

5.Principal Secretary, Ministry of Environment and Forests, Fort St.George, Chennai - 600 009.

W.P.(MD)Nos.6299 & 6301of 2017 K.Thangaraj ... Petitioner in W.P.(MD).No.6299 of M.Ramesh ... Petitioner in W.P.(MD).No.6301 of Vs.

1.The Joint Secretary and Revisional Authority,

Government of India, Ministry of Mines, Sastri Bhavan, Dr.Rajendra Prasad Road, New Delhi - 110 011.

2.The Government of Tamil Nadu, Represented by its Secretary, Industries Department, Fort st.George, Chennai - 600 009.

3.The District Collector, Tirunelveli District, Tirunelveli.

4.The District Level Committee, Rep. by District Collector, Tirunelveli District, Tirunelveli.

5.The Member Secretary, Tamil Nadu Pollution Control Board (TNPCB), Panagal Maaligai, 76, Mount Salai, Guindy, Chennai - 600 032.

6.Principal Secretary, Ministry of Environment and Forests, Fort St.George, Chennai - 600 009.

... Respondents in both W.P's [R5 & R6 are impleaded vide order dated 12.11.2021 in W.P.(MD).Nos.6299 & 6301 of 2017]

Prayer in WP (MD) Nos.6299 & 6301 of 2017:

Writ Petition filed under Article 226 of Constitution of India to issue writ of certiorari, to call for the records of the 4th respondent dated 09.11.2016 in the form of 'minutes of District Level Committee meeting on prevention of illegal Beach sand mining and Transportation of Beach Sand Minerals held on 18.10.2016 and 09.11.2016 at Collectorate, Tirunelveli" as communicated by the 3rd respondent in Letter Rc.No.M3/40365/2015 dated 09.11.2016, quash the same in so far as the petitioner is concerned. (in both W.P's) For Petitioner : M/s.V.Sanjeevi For Respondents : R1-No appearance : Mr.Aravind P.Datar, Senior Counsel asst by Mr.B.Vijay, Additional Government Pleader for R2 to R4 & R6 : Mr.B.N.Suchindran Standing Counsel for R5 To 1.The Joint Secretary and Revisional Authority, Government of India, Ministry of Mines, Sastri Bhavan, Dr.Rajendra Prasad Road, New Delhi - 110 011.

2.The Government of Tamil Nadu, Represented by its Secretary, Industries Department, Fort st.George, Chennai - 600 009.

3.The District Collector,

Tirunelveli District, Tirunelveli.

4.The District Level Committee, Rep. by District Collector, Tirunelveli District, Tirunelveli.

5.The Member Secretary, Tamil Nadu Pollution Control Board (TNPCB), Panagal Maaligai, 76, Mount Salai, Guindy, Chennai - 600 032.

6.Principal Secretary, Ministry of Environment and Forests, Fort St.George, Chennai - 600 009.

W.P.(MD)Nos.6679 & 6680 2017 K.Thangaraj ... Petitioner in W.P.(MD).No.6679 of M.Ramesh ... Petitioner in W.P.(MD).No.6680 of Vs.

1.The Government of Tamil Nadu, Represented by its Secretary, Industries Department, Fort st.George, Chennai - 600 009.

2.The District Collector, Tirunelveli District, Tirunelveli.

3.The District Level Committee, Rep. by District Collector, Tirunelveli District, Tirunelveli.

4.The Member Secretary, Tamil Nadu Pollution Control Board (TNPCB), Panagal Maaligai, 76, Mount Salai, Guindy, Chennai - 600 032.

5.Principal Secretary, Ministry of Environment and Forests, Fort St.George, Chennai - 600 009.

... Respondents in both W.P's [R4 & R5 are impleaded vide order dated 12.11.2021 in W.P.(MD).Nos.6679 & 6680 of 2017] Prayer in WP (MD) No.6679 & 6680 of 2017 Writ Petitions filed under Article 226 of Constitution of India to issue writ of certiorari, to call for the records of the 3rd respondent relating to the order dated 14.02.2017 issued in the form of "Minutes of the District Level Committee meeting on prevention of illegal Beach sand mining and Transportation of Beach and minerals held on 14.02.2017 at Collectorate, Tirunelveli", as communicated by the 2nd respondent in Letter Rc.No.M3/40365/2015 dated 20.02.2017 quash the same in so far as the petitioner is concerned. (in both W.P's) For Petitioner : M/s.V.Sanjeevi For Respondents : Mr.Aravind P.Datar, Senior Counsel asst by Mr.B.Vijay, Additional Government Pleader for R1 to R3 & R5

: Mr.B.N.Suchindran Standing Counsel for R4 To 1.The Government of Tamil Nadu, Represented by its Secretary, Industries Department, Fort st.George, Chennai - 600 009.

2.The District Collector, Tirunelveli District, Tirunelveli.

3.The District Level Committee, Rep. by District Collector, Tirunelveli District, Tirunelveli.

4.The Member Secretary, Tamil Nadu Pollution Control Board (TNPCB), Panagal Maaligai, 76, Mount Salai, Guindy, Chennai - 600 032.

5.Principal Secretary, Ministry of Environment and Forests, Fort St.George, Chennai - 600 009.

4. The Registry is directed to issue a fresh order copy by incorporating the above cause title.

(S.M.S., J.) (M.J.R., J.) 20.03.2025 veda

S.M.SUBRAMANIAM, J.

AND M.JOTHIRAMAN, J.

W.P.(MD).Nos.512, 513, 573, 574, 6299, 6301, 6679 and 6680 of 2017 20.03.2025