L.Karthick v. The Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.(MD) Nos.9240 & 9243 of 2024 L.Karthick President Salem East District Sand and M-Sand Lorry Owners Welfare Association Gandhi Nagar Seelanaickenpatti Bye-pass, Salem-636 201 ... Petitioner -vs1.The Government of Tamil Nadu rep.by the Chief Secretary Secretariat, St.George Fort Chennai-600 009 2.The Additional Chief Secretary Water Resources Department Secretariat, St.George Fort Chennai-600 009

3.The Engineer-in-Chief & Chief Engineer (General) Public Works Department Chepauk, Chennai-600 005 4.The Commissioner Geology and Mining Guindy, Chennai-600 032 5.The Executive Engineer Water Resources Department Mining and Monitoring Circle Chepauk, Chennai-600 005 6.The District Collector O/o.The District Collector Karur, Karur District 7.The District Collector O/o.The District Collector Tiruchirappalli Tiruchirappalli District 8.The District Collector O/o.The District Collector Thanjavur, Thanjavur District 9.The Chief Engineer Water Resources Department (Mining and Monitoring Region) Tiruchirappalli Region Tiruchirappalli

10.The Executive Engineer (WRD) Mining and Monitoring Division Water Resources Department Subramaniapuram Tiruchirappalli-20 11.The Executive Engineer (WRD) Mining and Monitoring Division Water Resources Department Thanjavur ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to strictly follow the measures / guidelines framed by the Government vide G.O.Ms.No.4, Water Resource (I.Spl.2) Department dated 06.01.2022, by restoring the Tamil Nadu Sand Web Service Portal (TN Sand App) and "Investigator App" with all the earlier features of the Applications in transparent manner and consequential direction to the respondents to sell the river sand to the general public and Lorry owners in the respective Quarry Site itself instead of Depots. For Petitioner :

Mr.D.Shanmugaraja Sethupathi For Respondents :

Mr.R.Baskaran Additional Advocate General assisted by Mr.P.Thilakkumar Government Pleader

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The writ on hand has been instituted seeking a direction to the respondents to strictly follow the measures / guidelines framed by the Government vide G.O.Ms.No.4, Water Resource (I.Spl.2) Department, dated 06.01.2022, by restoring the Tamil Nadu Sand Web Service Portal (TN Sand App) and "Investigator App" with all the earlier features of the Applications in transparent manner and consequently to direct the respondents to sell the river sand to the general public and lorry owners in the respective Quarry Site itself instead of Depots.

2. Mr.D.Shanmugaraja Sethupathi, learned counsel for the petitioner would submit that serious illegalities and irregularities are identified in dealing with the river sand quarrying operations. The authorities concerned have committed several illegalities while transporting river sand. False entries are made in the computer. Excess quarrying operations are permitted, thereby causing financial loss to the State Exchequer. Corrupt activities are also noticed. Consolidating all the illegalities and irregularities, the petitioner submitted several representations to the authorities concerned.

Since no action has been taken by the authorities concerned, the present writ petition came to be instituted.

3. Mr.R.Baskaran, learned Additional Advocate General, opposed the above submissions by stating that the guidelines issued by the Government are being followed by the Departments concerned. If at all any irregularity is brought to the notice of the Department concerned, they are bound to initiate action. In the presence case also, the authorities will look into the issues.

4. High Court cannot conduct a roving enquiry into the allegations raised by the petitioner, since it requires scrutinization of documents, verification and enquiry. It is needless to state that the authorities concerned are bound to follow the guidelines and the quarrying operations must be done in a transparent manner and to ensure that no irregularity or illegality is allowed, more specifically, while making entries in the computer. In this regard, it is brought to the notice of this Court that guidelines are issued by the Government in G.O.(Ms) No.4, Water Resources (I.Spl.-2) Department, dated 06.01.2022. Sand smuggling is not only an offence, but the habitual

offenders of sand smuggling can be declared as Goondas under Act 14 of 1982. Even Abettors, including police officials, can be booked under Act 14 of 1982 and in this regard, the Government issued G.O.(Ms) No.62, Home, Prohibition and Excise (XVI) Department, dated 01.10.2018.

5. Learned Additional Advocate General would submit that in the event of providing all the details regarding the irregularities and illegalities, the Department concerned would be in a position to look into the complaint and take appropriate action.

6. In view of the above submission, the petitioner is at liberty to submit a consolidated complaint along with the documents, evidences, if any, to the respondents 2 & 3 and if necessary, to the Department of Vigilance and Anti Corruption.

7. In the event of receiving any such complaint, the authorities concerned are directed to look into the nature of the allegations, verify the

documents, conduct an enquiry and take appropriate decision in the manner known to law. As far as the directions sought for in this writ petition are concerned, the respondents are directed to scrupulously follow the guidelines issued by the Government in G.O.(Ms) No.4, Water Resources (I.Spl.-2) Department, dated 06.01.2022, whenever river sand quarrying operations are resumed.

8. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. [S.M.S., J.] [G.A.M., J.] 14.08.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

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

2.The Additional Chief Secretary,

Water Resources Department, Secretariat, St.George Fort, Chennai-600 009.

3.The Engineer-in-Chief & Chief Engineer (General), Public Works Department, Chepauk, Chennai-600 005.

4.The Commissioner, Geology and Mining, Guindy, Chennai-600 032.

5.The Executive Engineer, Water Resources Department, Mining and Monitoring Circle, Chepauk, Chennai-600 005.

6.The District Collector, O/o.The District Collector, Karur, Karur District.

7.The District Collector, O/o.The District Collector, Tiruchirappalli, Tiruchirappalli District.

8.The District Collector, O/o.The District Collector, Thanjavur, Thanjavur District.

9.The Chief Engineer, Water Resources Department, (Mining and Monitoring Region), Tiruchirappalli Region, Tiruchirappalli.

10.The Executive Engineer (WRD),

Mining and Monitoring Division, Water Resources Department, Subramaniapuram, Tiruchirappalli-20.

11.The Executive Engineer (WRD), Mining and Monitoring Division, Water Resources Department, Thanjavur.

S.M.SUBRAMANIAM, J.

and G.ARUL MURUGAN , J.

krk and W.M.P.(MD) Nos.9240 & 9243 of 2024 14.08.2025