IN THE HIGH COURT OF JUDICATURE AT MADRAS

Suo Motu PIL

WP No. 1592 of 2015

Registrar General, Madras High Court

Vs.
The Union of India, rep. By
Secretary to Government, GOI,
Ministry of Mines, New Delhi
and 25 others

...

Respondents

STATUS REPORT FILED BY AMICUS CURIAE

SEEKING INTERIM DIRECTIONS

1. Pursuant to the orders of this Honble Court dated 22.7.2016, the Report
dated 06.08.2013 of the District Collector, Thoothukudi was provided to
the Amicus. Subsequently, the Report of the Special Team to enquire into
Beach Sand Mining in the same District, i.e. Thoothukudi district, headed
by Shri. Gagandeep Singh Bedi, Revenue Secretary, (more popularly called
as the `Bedi Committee) which had been submitted to the Government of
Tamil Nadu in September, 2013, was also made available to the Amicus
after informing this Court. As the entire Report was treated as a
`Confidential Report by the Government and not yet made public, two
copies were filed only with the court. On the last hearing date on 20.9.2016,
a summary of the findings and also two copies of this report were
submitted to this Court.
2. On the same date, viz., 20.9.2016, this Court disposed of the petition to
implead in WMP No. 28456 of 2016 filed by one Mr. S. Kumaresan, with
the directions that if the said person had any material which would be
useful to assist this Court in the present case the same can be handed over
to the Amicus.

Documents provided by Mr.Kumaresan

3. Following this order, the said Mr. Kumaresan provided copies of
representations made by him to the different authorities as also copies of
RTI replies he had received from various authorities. Amongst the
documents provided were the following:
(i)

Complaints dated 14.04.2016 and 05.05.2016 made by him to the

District Collectors of Tirunelveli and Thoothukudi districts, pointing
out to the prevalence of widespread illegal mining of Beach Sand
Minerals (BSMs) by different Mining Lessees, viz., Messrs. VV
Minerals, Transworld Garnet India Pvt. Ltd, Beach Mineral Sands
Company, Industrial Mineral Company, Thiru K.Thangaraj, Thiru
Ramesh and others, storage, separation and export of heavy
minerals from the Tuticorin port. The complaints informed that the
widespread

illegal

mining

was

going

on

unhindered

and

continuously even after all mining activities were directed to be

stopped following GO Ms. 156, Industries (MMD-1), dated 8.8.2013
and GO Ms. 173, Industries (MMD-1), dated 17.9.2013. Lorry loads
of BSM were said to be transported without any transport permits as
the said GOs prohibited issual of transport permits for BSMs until
the completion of the inspections.
(ii)

RTI replies received from various authorities which includes

(a)Replies that no transport permits had been issued after the above
GOs came into effect in Tirunelveli and Thoothukudi districts,
(b)surrender of all transport permits by VV Minerals following the
said GOs, (c) details regarding permission for constructions of
godowns, plants etc, (d) Application of VV Minerals for
environmental clearance for SEZ for beach sand mining, including
permission to crack monazite (e) details of electricity payments
made by different Mineral Separation plants to the TN Electricity
Board from September, 2013 till 2016 i.e. the period after the mining
ban has come into effect.

(iii)

Export statistics of Garnet (January, 2013 till May, 2016) and Ilmenite
(from January, 2013 till December, 2015) from Tuticorin port by M/s
(a) VV Minerals, (b) Transworld Garnet India Pvt Ltd, (c) Beach
Minerals Sand Co. India Ltd, (d) Indian Ocean Garnet Sands Co Pvt
Ltd, (e) Industrial Minerals Co.

(iv)

Details regarding 2 FIRs registered in connection with seizure of

lorries transporting illegally mined BSM in
(a) Cr. No. 83/2016, Uvari Police Station, Tirunelveli on 11.8.2016
registered against the drivers and Director of Industrial Minerals
Company (IMC) and SMV Mineral u/s 379 IPC and 21(1) of the
MMDR Act, 1957 and s. 4 of the Prevention of Damage to Public
Property Act; the vehicles were intercepted and seized while
transporting sand illegally mined from government lands; later
from the site itself some more vehicles and drivers were also
arrested as they were allegedly engaged in removing beach sand
in Karaichutupudur village
(b) Cr. No. 92/2016, Thattarmadam Police Station, Thoothukudi
district on 8.7.2016 against the driver and Beach Minerals
Company (BMC) Ltd u/s 379 IPC r/w 21(1) and 21(5) of MMDR
Act, 1957. 2 lorries filled with BSM were seized; a JCB was also
seized from Padukappattu village in the lease area of BMC as
illegal mining of sand was allegedly going on.

Widespread illegal mining and transport of BSM post Sep, 2013

A: Report of the District Level Committee, Tirunelveli

4. Pursuant to the order dated 17.3.2015 of this Honble Court directing the
constitution of Taluk level, District level and State level Monitoring
committees for prevention of illegal mining and transportation of beach
sand minerals, the Government of Tamil Nadu vide GO (MS) No. 179,
Industries (MMD-1) department, dated 27.7.2015, constituted the same.
The District Collector is the Head of the District Level Committee. The

complaints dated 14.04.2016 and 05.05.2016 made by Mr.Kumaresan and

other complaints were forwarded by the Collector to the Taluka Level
Committee headed by the Tahsildar, Radhapuram. After holding an
enquiry, the Tahsildar Radhapuram submitted a report dated 11.6.2016
holding that the allegations made by the said Mr. Kumaresan as also
another complainant, Mr. Dayadevadas against Tvl. VV Mineral,
Transworld Garnet India P Ltd, Mr. Thangavelu, Mr. Ramesh and Messrs
IOGS were baseless and not proved.
5. Thereafter, as provided in GO Ms. 179, Industries (MMD-1), 27.7.2015, the
District Level Committee considered the Taluk Level Committees report
and findings and called for response from the above referred mining
companies and also personally heard them. Thereafter the District Level
Committee came out with a detailed Report dated 09.11.2016.
6. Given below are the key findings of the report dated 09.11.2016 of the
District Level Committee.
M/s VV Minerals
7. Based

on

figures

provided

by

VV

Minerals

about

yearwise,

GO/Proceedings wise quantity of raw sand, Garnet, Rutile, Ilmenite,

Zircon, Silimanite and Leucoxene permitted for transportation as per the
Approved Mining Plan and actually transported for the period 2000-01 till
2013-14, the Committee determined the following:
(i)

Excess quantum of raw sand, garnet, Ilmenite, Rutile, Zircon,

Silimanite and Leucoxene was transported as against the approved
Scheme of Mining in 20 out of 27 mining lease hold areas.

(ii)

For the years 2008-09 to 2012-13, the total excess quantum of

minerals unlawfully transported was the following:

Sl. No. Mineral

Excess quantity unlawfully transported

(in MT)
14,04,692

Raw Sand

Garnet

1,53,731

Ilmenite

5,97,539

Rutile

62,078

Zircon

41,756

Silimanite

40,700

Leucoxene

2,650

(iii)

VV Minerals is reported to have accepted that they transported a

total quantum of 9,65,948.8 MT of heavy minerals during 2014-15
and 2015-16, after the imposition of the ban on mining operations
and transport permits for raw sand and minerals. The Committee
held that the entire quantum of minerals transported without
obtaining transport permits after the stopping of mining operations
is illegal transport.

(iv)

Based on data provided by VV Mineral that they had transported

98,80,600 MT of raw sand during the period 2000-01 to 2015-16, out
of which they transported 57,71,688.22 MT of heavy minerals, the
recovery rate worked to be 58.41%. Such a high recovery of heavy
minerals from the total quantum of raw sand permitted was held
not supported by Approved Mining Plan / Approved Scheme of
Mining.

(v)

The working sheet of balance quantum of raw sand available was

provided by VV Minerals for each year after deducting the total
quantum of minerals transported for export and local sale.
According to this calculation the Balance Quantum for 2014-15 was
said to be 46,33,412.83 MT and for 2015-16 was 41,08,911.78 MT. The
Committee found that his figure was highly erroneous and
unacceptable as even accepting a high recovery rate of 58.41%, what
remained could only be waste and not raw sand or heavy minerals.

(vi)

This amount, the Committee held, shall be construed as illegally

mined, illegally transported and illegally stored contravening the
provisions of section 4(1) and 4(1A) of the MMDR Act, 1957.

(vii) In view of the large lease violations of illegal mining and transport
of raw sand and other heavy minerals detected for the period 2000-

01 to 2015-16, the royalty accounts settled, if any, early for any

periods shall be constituted as null and void.
(viii) The Assistant Commissioner, Customs, Tuticorin had furnished
details of beach minerals exported by VV Minerals for 2012-13 to
2016-17 which showed a total amount of 9,65,948.8 MT of heavy
minerals exported during 2014-15, 2015-16 and 86,587 MT during
2016-17 (upto 10.09.2016). This was held to be illegal transport.

Transworld Garnet India Pvt. Ltd

8. The company provided details of total amount of raw sand transported
and total amount of minerals transported for the period 2000-01 to 2015-16,
including quantum of balance sand available each year.
(i)

The total quantum of excess raw sand unlawfully mined and

transported for the period 2008-09 to 2011-12 works out to 5,02,419
MT. This will be construed as illegal mining and transport of
minerals.

(ii)

Transworld Garnet India P Ltd declared a quantity of mineral

transported in 2014-15 to be 52,461 MT and in 2015-16 as 54,518 MTs.
This was held to be illegal transportation of minerals u/s 4(1-A) of
the MMDR Act.

(iii)

The Assistant Commissioner of Customs, Tuticorin provided details

of quantum of BSM exported in 2013-14 to be 47,154 MT, in 2014-15
to be 52,368 MT and 2015-16 as 53,312 MT. For the period 2016-17 it
was reported to be 25,312 MTs (upto 10.9.2016). All the quantity
transported after the promulgation of the GOs halting mining
operations and stopping transportation was deemed to be illegal
and royalty accounts construed to be void.

Beach Minerals Sands Company

9. Major violations in mining and transportation of raw sand, garnet,
Ilmenite, rutile and Zircon in respect of all 9 mining lease areas were
found.

10. Comparing the amount permitted to be transported as provided in the

Mining Plan / Approved Scheme of Mining with actual amount
transported showed the following amount excess quantity unlawfully
mined and transported.
For the years 2008-09 to 2012-13, the total excess quantum of minerals
unlawfully transported was the following:
Sl. No. Mineral
1

Excess quantity transported

(in MT)
Raw Sand
4,90,663

Garnet

1,99, 352

Ilmenite

1,17,755

Zircon

500

11. Based on the figures provided by the Assistant Commissioner, Customs,

Tuticorin, the total quantity of exports of minerals by Beach Minerals
Company for the period 2014-15, 2015-16 and 2016-17 (upto 10.9.2016)
amounted to 3,37,136 MTs. This was held to be illegal transport.
IOGS Group
12. For the period 2008-09 to 2012-13, the figures of quantum transported in
excess of permitted as per Approved Mining Plan / Approved Scheme of
Mining is as follows Name of Party
Mr. M. Ramesh

Excess Raw Sand

Transported - MT
2,66,000

Excess Garnet
Transported - MT
1,14,800

Mr. K. Thangaraj

4,08,250

1,70,405

13. Both of them have accepted that during 2014-15 and 2015-16 the total
quantum of mineral transported was 1,06,607 MT after the stopping of
mining and issuance of transport permits. This was held to amount to
illegal transport.
14. Transfer investigation to CB-CID
The District Committee took into account the seizure of 4 vehicles involved
in illegal mining and transport of beach sand on 11.8.2016 in

Karaichuthupudur in Radhapuram taluka and the statement of the drivers

that they were involved for long with the illegal mining and transport of
beach sand. In view of the serious nature of the allegations and the fact
that the case covered a long time span and involved major quantum, the
District Level Committee decided to request the State Government to
transfer the investigation in Cr. No. 83/2016, Uvari Police Station to the CBCID.
15. Petition to Compound offence filed by S. Jegatheesan, Partner of M/s
VV Minerals.
The Report notes that Mr. S. Jegatheesan, partner of M/s VV Minerals by
petition dated 12.08.2016 sought compounding of the above offence in Cr.
No. 83/2016, Uvari PS. This was rejected by the District Level Committee.
16. Stopping Export of minerals from Tuticorin port till further orders from
Government
The District Level Committee also resolved to request the State
Government to address the Ministry of mines, Government of India and
other central government departments with a request to stop export of all
minerals including Garnet, Ilmenite, Rutile, Zircon, Silimanite etc
immediately, in order to arrest the illegal export of atomic minerals and
to avoid loss of revenue to the State exchequer.

B:
Independent Material to Show illegal mining and transport
of BSM even after September, 2013
17. Stopping of Transport Permits: It is to be noted that both GOs Ms.
156/8.8.2013 and GO Ms. 173, dated 17.09.2013 of Industries (MMD-1)
Department effectively required all mining lessees to immediately stop
mining operations pending completion of inspection by the Special Team
and all Assistant Directors (Mines) in the concerned districts to
immediately stop issuance of transport permits of major minerals like
Garnet, Ilmenite, Rutile etc. So effectively as of 17.9.2013, all lessees ceased
to operate their mines and to transport minerals or raw sand.

18. In fact as the RTI reply of PIO, Geology and Mining, Thoothukudi dated
23.5.2015 will show, M/s VV Minerals had surrendered `Transport permit
Books for transporting raw sand for about 10,000 MTs to the officials as of
10.8.2013 and M/s Industrial Minerals Company had surrendered 8 such
books to the tune of 8,000 MTs of raw sand.
19. The PIO, Geology and Mining department, Radhapuram, Tirunelveli
district vide RTI reply dated 29.9.2016 has stated that no transport permits
were issued to any mining company in the district.
20. In any case there was a total ban on granting transport permits to transport
BSM just as much as there was a total ban on mining of beach sand in all
the three districts of Thoothukudi, Tirunelveli and Kanyakumari.
Orders rejecting / returning Scheme of Mining Plans
21. It is submitted that as per the documents provided by Mr Kumaresan and
also the list of cases provided by the Indian Bureau of Mines in the typed
set of papers there are 16 suits filed by VV Minerals in the Court of
Subordinate Judge, Tirunelveli and 4 suits in the Court of Subordinate
Judge, Nagercoil. 13 suits have also been filed by Transworld Garnet India
Ltd in Court of Subordinate Judge, Tirunelveli.
22. It is learnt that these suits have been filed challenging the rejection/return
of the Scheme of Mining by the Regional Controller of Mines, Indian
Bureau of Mines, Chennai. It is also reliably learnt that interim injunctions
against enforcement of these orders have been obtained. However, the
details of the same could not be verified. Unfortunately, the Indian Bureau
of Mines in its Additional Affidavit dated September 2016 has only given a
bare list of pending cases without any further details.
23. The suits filed by VV Minerals pending before the Additional Subordinate
Court, Tirunelveli are as follows
(1) OS 18 (106)/2014
(2) OS 21 (109)/2014
(3) OS 22 (110)/2014
(4) OS 23 (121)/2014
(5) OS 25 (113)/2014

10

(6) OS 46/2014
(7) OS 47 (114)/2014
(8) OS 48/2014
(9) OS 49 (116)/2014
(10)

OS 50 (117)/2014

(11)

OS 51 (118)/2014

(12)

OS 66/2014

(13)

OS 72/2014

(14)

OS 112/2014

(15)

OS 129/2014

The suits filed by VV Minerals pending before the Subordinate Judge,

Kovilpatti is as follows (1) OS 47/2014.
The suits filed by VV minerals pending before the Subordinate Judge,
Nagercoil is as follows
1. OS 212/2014
2. OS 209/2014
3. OS 290/2014
4. OS 304/2014
The suits filed by Transworld Garnet pending before the Subordinate
Judge, Tirunelveli
(1) OS 19(107)/2014
(2) OS 20(108)/2014
(3) OS 52/2014
(4) OS 53/2014
(5) OS 54/2014
(6) OS 55/2014
(7) OS 70/2014
(8) OS 80/2014
(9) OS 81/2014
(10)

OS 92/2014

(11)

OS 94/2014

(12)

OS 128/2014

11

(13)

OS 130/2014

Apart from these, it is also learnt that the following additional cases pertaining to
beach sand mining are pending before the Court of Subordinate Judge,
Tirunelveli. However, the details of these suits could not be verified. (1) OS 81/2014
(2) OS 82/2014
(3) OS 90/2014
(4) OS 106/2014
(5) OS 107/2014
(6) OS 108/2014
(7) OS 109/2014
(8) OS 110/2014
(9) OS 111/2014
(10) OS 113/2014
(11) OS 114/2014
(12) OS 115/2014
(13) OS 116/2014
(14) OS 117/2014
(15) OS 118/2014
(16) OS 119/2014
(17) OS 120/2014
(18) OS 121/2014
(19) OS 122/2014
(20) OS 74/2014
(21) OS 130/2014
24. Apart from the above as per the list provided by IBM there is another writ
petition W.P. (MD) 15012 of 2014 pending before te Madurai Bench of teh
Madras High Court.

Closure orders of Mineral Separation (Processing) Plants.

25. It appears that despite the ban on mining of beach sand minerals and
transport of the same post September, 2013, the separation or processing

12

for which the primary material is the raw beach sand are continuing to be
function uninterrupted in the districts of Thoothukudi and Tirunelveli by
M/s VV Minerals, Transworld Garnet India P Ltd, Beach Mineral Co P Ltd
and Indian Mineral Company. The material to establish the same are the
Closure orders dated 4.10.2016 issued by the District Collector and
Inspector of Panchayats, Tirunelveli to the above mentioned 4 companies
about the illegal functioning of the mineral separation plants. In the
Closure orders issued to M/s VV Minerals the District Collector pointed
out that the factories are separating minerals illegally taken from unleased
areas in the sea shore. Further it is pointed out that these plants are
functioning without necessary permissions from the Panchayat Union
Council u/s 160 of the TN Panchayat Act, 1994.
26. As against the Closure orders issued by the District Collector, Tirunelveli,
WPs (Md) No. 19715, 19716, 19778 and 19755 of 2016 were filed before the
Madurai Bench of the Madras High Court by the above named 4
companies in which they admit to the functioning of these companies.
Interim orders of status quo are said to have been obtained from the
Madurai Bench of the Madras High Court in the above mentioned matters.
27. In addition to the above, Mr. Kumaresan has received RTI replies from
PIO, Electricity department, Tirunelveli dated 20.6.2016 which shows that
the mineral separation plants of the following companies were functioning
and the TNEB payments were regularly being paid. The Companies for
which payment details have been provided are (i) Industrial Mineral
Company (IMC), Radhapuram, for the period Jan, 2013 April, 2016 (ii)
Beach Minerals Company (I) Ltd for the period November, 2013 till May,
2016.
28. It should be pointed out that in the above electricity bills though it is
mentioned that the nature of the industry is `Heavy water project and
refinery, according to Mr. Kumaresan these plants are actually mineral
separation plants. This fact will need to be verified.
29. The above information makes it very clear that despite the ban on mining
and issuing of transport permits, the mining companies are continuing to

13

mine beach sand, separate the minerals and to export the minerals
unhindered and with impunity.

Continuing Exports of Minerals by Mining Companies through Tuticorin

Port despite Ban
30. Mr. Kumaresan has obtained from a licensed Shipping agent details of
exports of Garnet (Jan, 2013 till May, 2016) and Ilemenite (Jan, 2013 till
December, 2015) through the Tuticorin port. The receipt for obtaining this
data is filed with the typed set.
31. As per this data the following is the total amount of minerals exported
from after the ban was made effective, i.e. from October, 2013:
Ilmenite - Jan, 2013 till Dec, 2015

2,20,301 MT

Garnet

12, 60, 595 MT.

- Jan, 2013 till May, 2016

32. Mr.Kumaresan has also sent a communication that even on 19.11.2016 tens
of container loads of sand have been shipped from the Tuticorin ports. As
per

information

provided

in

open

access

websites

such

as

infodriveindia.com, 265 shipments of Garnet from Tuticorin Sea and 61

shipments from Tuticorin Icd have been exported to various destinations
such as United States of America, United Arab Emirates, Australia,
Republic of Korea, Kuwait, Japan, Netherlands and New Zealand. Out of a
total of 390 shipments of Garnet between 20th October to 18th November,
2016, the port of origin for 326 shipments is Tuticorin. Ironically, the ban
on mining imposed by the State Government seems to have worked to the
advantage of the mining companies as now they escape whatever little
royalty amounts they used to pay and the entire mining operations have
gone under the radar !
33. The functioning of the Mineral Processing plants as well as the continuing
export of Garnet and Ilmenite through the Tuticorin port after September,
2013 are both indicators which point out that despite the GOs dated
8.8.2013 and 17.9.2013 banning mining of BSM, directing surrendering of
Transport permits and stopping of issue of new transport permits,

14

continued mining of beach sand as well as transport of the same is

continuing with impunity. In effect the ban has been rendered ineffective.

Role of Customs and Excise Departments

34. There appears to be a total lack of coordination between the State of Tamil
Nadu and the Central Excise and Customs Department. The Additional
Commissioner, Office of the Commissioner of Customs, New Harbour
Estate, Thoothukudi has in a letter dated 29.7.2016 pointed out that he has
received complaints about illegal exports of beach sand minerals and the
allegations are multi-level covering illegal mining, illegal storage, illegal
transport and illegal export of minerals. The Customs Officer has pointed
out that since the BSM are not restricted goods under the Customs laws
export of the same is being permitted. He also points out that the sand
brought for export is already stuffed in containers in warehouses which
are under the supervision of Central Excise officers and hence it is outside
the purview of the Customs office. It is also stated that the Customs office
is not aware of any restrictions imposed by the State Government on
excavations, storage, transport and export of BSM.

The private

respondents have taken full advantage of this gap and attendant lack of
coordination between different agencies of state and central government
and are continuing to mine, process and export BSM. The report of the
District Level Committee has also pointed out to this lacuna.

Report of the Special Team headed by Mr. Gagandeep Singh Bedi, IAS
35. In the Memo dated 20.9.2016 filed by me, the findings of the Special Team
headed by Mr.Bedi in respect of Thoothukudi district have been placed
before this Honble Court. The State of Tamil Nadu vide GO Ms. 173 dated
17.9.2013, Industries (MMD-1) Dept, had directed the said Special Team to
inspect and verify in terms of sec. 24 of MMDR Act, 1957 whether there is
illicit mining of beach sand minerals in Tirunelveli, Kanyakumari,
Tiruchirapalli and Madurai districts. Out of this, Tirunelveli and

15

Kanyakumari alone are in respect of Beach Sand Mining and the other two
districts relate to river sand mining.
36. It has been pointed out in the earlier Report relating to Thoothukudi as to
how the Special Team headed by Mr. Gagandeep Singh Bedi, followed a
very

elaborate

process

of

verification

wherein

every

fact

was

independently verified and cross-verified by independent groups followed

by a final verification by a Core team headed by the Officer himself. It is
learnt that the field inspection and verification in respect of Tirunelveli and
Kanyakumari districts have been completed and the draft report is ready.
The same has not been submitted on account of the pending litigation
before this Honble Court.
37. It is submitted that the Report of the Special Team headed by Mr. Bedi in
respect of Tirunelveli and Kanyakumari districts will be a valuable source
of information and will be of great assistance to this Honble Court to
arrive at a just decision.

Details of Monazite Tailings to be furnished

38. It has been pointed out in the earlier Memo dated 22.7.2016 that all Beach
Sand Minerals including the prescribed substances under the Atomic
Energy, occur together and hence one cannot handle one minral without
handling the other minerals. While in 2006 many of the minerals such as
Rutile, Ilememite, Zircon and Leucoxene were removed from the list of
Prescribed Substances, monazite continued to be in the list of prescribed
substances. As per Rule 3 of Atomic Energy (Working of the Mines,
Minerals and Handling of Prescribed Substances) Rules, 1984 no person
shall mine, mill, process and / or handle any ore, mineral or other material
from which one or more of the prescribed substances can be extracted
without obtaining a license under the rules.
39. Under these Rules, the licensee has to maintain a full inventory of the
prescribed substances apart from other records. As per Rule 2(i) of the
Handling of Prescribed Substances Rules the term handle includes
manufacture, possess, store, use, transfer by sale or otherwise, export,

16

import, transport or dispose of. However the DAE in its counter has
stated that no handling licenses have been issued under these rules.
40. The Department of Atomic Energy has filed an Additional Affidavit dated
September, 2016 along with Typed Set stating that they have issued
licenses to VV Minerals under Rule 3 of the Atomic Energy (Radiation
Protection) Rules, 2004. According to the License conditions records of
quantity and monazite content of the raw material, product and monazite
enriched tailings shall be maintained by the mining company.
41. Information about handling licenses and monazite tailings will be with
R2, DAE. Additionally Respondents 8 -22 are also required to maintain
records in respect of prescribed substances, i.e. monazite tailings. The
details of estimated reserves of monazite, the concentration of monazite in
the feed material, the percentage of recovery of monazite, annual quantity
handled and the method and final disposal of tailings are necessary for
getting a complete picture.
42. It is learnt that the mining companies have been taking advantage of the
various interim orders obtained by them in various courts and using the
same as a shield and continue their illegal mining, processing, transport
and export of beach sand minerals. It is therefore submitted that in order
to avoid the passing of contradictory or varying orders by different
Subordinate Courts as well as the different benches of the Madras High
Court, it is important that all matters pertaining to all aspects of beach
sand mining are consolidated and heard by the same bench.
For the reasons stated above it is therefore prayed that this Honble Court
may be pleased to issue the following Directions:
(1) Transfer to this Court the following cases pending before the Courts of
Subordinate Judge Tirunelveli, Kovilpatti and Nagercoil pertaining to
Beach Sand Mining
The suits filed by VV Minerals pending before the Additional Subordinate
Court, Tirunelveli
(1) OS 18 (106)/2014
(2) OS 21 (109)/2014

17

(3) OS 22 (110)/2014
(4) OS 23 (121)/2014
(5) OS 25 (113)/2014
(6) OS 46/2014
(7) OS 47 (114)/2014
(8) OS 48/2014
(9) OS 49 (116)/2014
(10)

OS 50 (117)/2014

(11)

OS 51 (118)/2014

(12)

OS 66/2014

(13)

OS 72/2014

(14)

OS 112/2014

(15)

OS 129/2014

The suits filed by VV Minerals pending before the Subordinate Judge,

Kovilpatti
(16)

OS 47/2014.

The suits filed by VV minerals pending before the Subordinate Judge,

Nagercoil
(17)

OS 212/2014

(18)

OS 209/2014

(19)

OS 290/2014

(20)

OS 304/2014

The suits filed by Transworld Garnet pending before the Subordinate

Judge, Tirunelveli
(21)

OS 19(107)/2014

(22)

OS 20(108)/2014

(23)

OS 52/2014

(24)

OS 53/2014

(25)

OS 54/2014

(26)

OS 55/2014

(27)

OS 70/2014

(28)

OS 80/2014

18

(29)

OS 81/2014

(30)

OS 92/2014

(31)

OS 94/2014

(32)

OS 128/2014

(33)

OS 130/2014

Apart from these, it is also learnt that the following additional cases
pertaining to beach sand mining are pending before the Court of
Subordinate Judge, Tirunelveli (34)

OS 81/2014

(35)

OS 82/2014

(36)

OS 90/2014

(37)

OS 106/2014

(38)

OS 107/2014

(39)

OS 108/2014

(40)

OS 109/2014

(41)

OS 110/2014

(42)

OS 111/2014

(43)

OS 113/2014

(44)

OS 114/2014

(45)

OS 115/2014

(46)

OS 116/2014

(47)

OS 117/2014

(48)

OS 118/2014

(49)

OS 119/2014

(50)

OS 120/2014

(51)

OS 121/2014

(52)

OS 122/2014

(53)

OS 74/2014

(54)

OS 130/2014

(2) Transfer WP(Md) 15012/2014, WP(Md) 19715/2016, WP(Md) 19716/2016,

WP(Md) 19778/2016 and WP(Md)19755 of 2016 pending before the

19

Madurai Bench of Madras High Court onto the bench of this Honble High
Court.
(3) Direct the Registry of the Madras High Court at Madras and Madurai to
post all matters pertaining to mining, transport, processing, export, sale etc
of beach sand minerals and heavy minerals before this Honble Bench.
(4) Direct the District Judges of Thoothukudi, Tirunelveli, Kanyakumari
districts to verify if there are any other cases pertaining to beach sand
mining or beach sand mineral processing units including transport etc
pending before themselves or any of the subordinate courts within their
jurisdiction and inform the same to this Honble Court.
(5) Suo Motu implead
(a) Commissioner of Customs and Central Excise, Thoothukudi port as
also
(b) Regional Commissioner of Customs and Central Excise, Chennai.
(c) Chairman, VO Chidambaranar Port Trust, Thoothukudi.
(6) Direct the Chairman, VO Chidambaranar Port Trust, Thoothukudi and the
Regional Commissioner of Customs and Central Excise, Chennai to
forthwith stop all export of garnet, Ilmenite and all other Beach Sand
Minerals originating from Tamil Nadu through Thoothukudi, Chennai or
any other port, and to inform the same to all other Commissionerates of
Customs and Central Excise throughout India.
(7) Direct the District Collectors, Thoothukudi, Tirunelveli and Kanyakumari
districts to forthwith seal all Beach Sand Mineral processing plants in their
districts pending final disposal of this Writ Petition.
(8) Direct the District Collectors, Thoothukudi, Tirunelveli and Kanyakumari
districts to take an inventory of all available stocks of raw sand and
minerals and take custody of the same.
(9) Respondent 2, DAE and Respondents 8 22, may be directed to produce
information with regard to (i) estimated reserves of monazite, (ii) the
concentration of monazite in the feed material, (iii) the percentage of
recovery of monazite, (iv) annual quantity handled and the method and
final disposal of tailings for each mine from 2007 onwards till date.

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(10)

Direct Mr. Gagandeep Singh Bedi, Head of the Special Team

constituted vide GO Ms. No. 173, dated 17.9.20013, Industries (MMD-1)

Dept, to furnish the Report in respect of Tirunelveli and Kanyakumari
districts.

Dated at Chennai on this the 21st day of November, 2016.

(Amicus Curiae V Suresh)

21

High Court : Madras

Suo Motu PIL
WP No. 1592 of 2015
Registrar General,
Madras High Court
Versus
Union of India, rep. By
Secretary of Mines
And 25 others
.. Respondents

Status Report filed by Amicus Curiae

Dr. V. Suresh, Advocate

Amicus Curiae