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Madras High CourtWP(MD)/1468/2015dismissed

K.K.Ramesh v. The Government Of India

2015-02-06Honourable The Chief Justice,Honourable Dr Justice S. Tamilvanan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2015

CORAM:

THE HONOURABLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HONOURABLE DR.JUSTICE S.TAMILVANAN W.P.(MD).No.1468 of 2015 K.K.Ramesh :Petitioner Vs.

1.The Government of India, Rep. by Home Secretary, Ministry of Home Affairs, North Block, New Delhi-110 001.

2.The Government of India, Rep. by the Secretary, Ministry of Industries Department, New Delhi-110 001.

3.The Government of Tamil Nadu, Rep. by its Chief Secretary, Secretariat, Chennai-600 009.

4.The Home Secretary, Fort St. George, Secretariat, Chennai-600 009.

5.The Principal Secretary to Government, Industries Department, Secretariat, Chennai-600 009.

6.The Commissioner, Geology and Mines Department, Thiru Vi.Ka. Industrial Estate, Guindy, Chennai-600 032.

7.The Director General of Police, Tamil Nadu, Chennai.

:Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 3 to 6 to issue a Government Order, (i) to cancel all the mines and quarrying and sand and mineral contracts granted so far, (ii) to acquire and manage completely all the private lands containing mines and minerals and other valuable earth materials, (iii) to undertake each and every quarrying activity either small or large all over the state irrespective of the ownership, (iv) only the Government should undertake the responsibility of logistics and sales and revenue collections, (v) at any cost the Government should ensure that the whole process of mines, minerals and sand quarrying under the complete control of Government without allowing third parties, (vi) a separate and independent monetary committee should be formed to monitor, supervise and direct the entire sequence of operations to ensure leakages of income and wastages of

expenses, (vii) to confiscate all the properties acquired illegal and through unfair means by mines, minerals and sand quarries, (viii) to establish and run separate police stations dealing exclusively with illegal mines, minerals and sand quarrying, (ix) to constitute a elite council consisting of relevant academicians genii and industrial experts and legal experts and such other persons suitable for the purpose, in exercise of the power conferred by Section 15(1)(1-A) of the Mines and Minerals (Development and Regulation) Act, 1957 Central Act (67 of 1957), based on that scams and irregularities in granite and sand minerals which will be eliminated and employment opportunities will be generated for National and State Wealth, G.D.P. and income will be increased leading to enhance the prosperity and economic development, by considering the petitioner's representation dated 08.12.2014. For Petitioner : Mr.M.S.Sureshkumar For Respondents 1&2 : Mr.G.R.Swaminathan, Assistant Solicitor General of India For Respondents 3to7: Mr.B.Pugalendhi, Special Government Pleader

O R D E R

********** [Order of the Court was made by The Hon'ble The Chief Justice] The issue of illegal mining, though it exists, is being monitored by the First Court in different Writ Petitions filed before the Principal Bench of the Madras High Court. Thus, there is no purpose in multiplicity of proceedings. We may also add that the main contention of the learned counsel for the petitioner is that in view of the aforesaid, the mining operations should be taken over by the Government itself - in effect, all private mining should be stopped.

2. These are all economic policy matters, over which no direction can be issued by this Court.

3. The Writ Petition is, thus, dismissed. No costs. Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To 1.The Home Secretary, The Government of India, Ministry of Home Affairs, North Block, New Delhi-110 001.

2.The Secretary, The Government of India, Ministry of Industries Department, New Delhi-110 001.

3.The Chief Secretary, The Government of Tamil Nadu, Secretariat, Chennai-600 009.

4.The Home Secretary, Secretariat, Chennai-600 009.

5.The Principal Secretary to Government, Industries Department, Secretariat, Chennai-600 009.

6.The Commissioner, Geology and Mines Department, Thiru Vi.Ka. Industrial Estate, Guindy, Chennai-600 032.

7.The Director General of Police, Tamil Nadu, Chennai.

+1CC to M/s.G.R.Swaminathan, Advocate in SR.5827 +1CC to M/s.M.S.Sureshkumar, Advocate in SR.5649 +1CC to the Special Government Pleader in SR.6038 W.P.(MD).No.1468 of 2015 06.02.2015 nb PBK 18/02/2015 ::3P-11C: