Act tough to stop illegal mining, HC directs govt

Passing orders in respect of illegal quarrying of black granite in Kunnam Village, Vanur Taluk, Justice S M Subramaniam said, “Every citizen has got a constitutional right to claim that all such illegal mining must be stopped by the State. Despite various laws in force and despite the constitutional perspectives and directives, the State is not effectively controlling all such illegal mining occurring at the instance of few greedy men in this great nation.” “People are almost frustrated with such activities day-in and day-out. People are witnessing such illegal mining by those mafias and by some powerful persons with the collusion of the officials and with some local politicians. Such activities can never be tolerated, and it is the duty of the executive to ensure that all such activities are dealt with an iron hand without any leniency and they are all prosecuted by following the procedures as contemplated,” Justice Subramaniam stressed.

As per the case, the show cause notice issued to one K Subba Reddy on January 21, 2004 regards illegal quarrying of black granite is under challenge. The petitioner’s counsel had contended that show cause notice is liable to scrapped on the ground that the same was issued on premeditation and personal vengeance and there is no complaint against the petitioner by TAMIN, who is the lessee of the land in question.

However, Justice Subramaniam on striking down the aspect of personal vengeance on the basis that no such authority has been impleaded in his personal capacity with concrete allegations in the affidavit, said, “Thus, the said contention deserves no further consideration.” But regards the aspect of premeditation, the judge on noting that if the facts are established that the authorities have premeditated the issues, then alone the said principles enumerated by the Supreme Court can be applied and not otherwise, directed the petitioner to submit his explanations along with documents, if any, within five weeks.

Based on this, the judge also directed the Villupuram District Collector to consider the same on merits and in accordance with law and pass final orders within six weeks after holding an enquiry into the matter, if necessary, by providing a personal hearing to the petitioner.

Justice Subramaniam also directed the Villupuram collector to issue appropriate orders to all officials to identify all illegal mining and other related activities and initiate appropriate prosecutions.

The judge also directed the collector to initiate suitable disciplinary proceedings against all officials, who are committing lapses and dereliction of duty identifying and initiating actions against illegal mining within his jurisdiction.