Madras High Court (Photo | D Sampath Kumar, EPS)
Madras High Court (Photo | D Sampath Kumar, EPS)

Form panel to curb illegal mining: Madras High Court

HC suggests govt team up officials with impeccable integrity and unimpeachable honesty

CHENNAI: The Madras High Court on Thursday suggested to the State government to nominate higher officials known for impeccable integrity and unimpeachable honesty in the High-Level Monitoring Committee with adequate powers to curb illegal mining activities. A direction to this effect was given by a division bench of Justices M Venugopal and S Vaidyanathan when a PIL petition from A Soundararajan came up on Thursday.

The PIL prayed for a directive to the authorities to prevent illicit sand mining in Cheyyar river at Vinnamangalam, Randam, Mottur and Gangapuram villages in Tiruvannamalai district by deploying day and night patrols and consequently to take stringent action against the offenders of illicit mining. The petitioner alleged that several high-level notorious persons are involved in illegal sand mining activities, like one Kalidass, husband of a former panchayat president.

The judges said no honest official will dare to fight against them to stop illicit mining operations. “Therefore, this court is of the view that the government must speed up the process of introduction of drone technology along with any other advanced technologies on the river banks all over the State and since this petition is filed by way of public interest litigation, it should not think that this order is limited to Tiruvannamalai district alone”.

A glance of the GOs dated July 2008 and November 2009 would reveal that High-Level Committees had been constituted to monitor the activities of District Level Task Forces and the task force will have a control over Taluk Level Task Forces. Conducting meetings and having discussions with each other in an air-conditioned room will not in any way help to achieve the real object without going to the earmarked spot and ultimately, it was the officials named in the Taluk Level Task Forces, who have to conduct surprise raids by forming flying squads and inform the District Level Task Forces about the steps taken by them. Therefore, it is obligatory on the part of the government to ensure safety and security of those officials, who work on the field to prevent the illegal activities. 

Though several public and social activists are ready to lodge complaints against illegal mining, fearing harassment at the hands of police under the garb of enquiry, they do not come forward to prefer complaints and therefore, this court had suggested for constitution of a team with adequate powers to control the illegal mining activities. 

The government should think of posting higher officials known for their impeccable integrity and unimpeachable honesty in the High-Level Monitoring Committee, the judges said.

It is needless to point out that if any negligence/ laissez-faire attitude/inaction is shown by the officers, who are specially deputed for this task, the government is entitled to take suitable disciplinary action against them for dereliction of duty and those officials may be placed under suspension and necessary punishment may be imposed for their misconduct, dereliction of duty, lack of devotion to work and lack of integrity so as to deprive their entire terminal benefits, which will be an eye opener for others. Similar is the case with IAS and IPS officers, who may be stripped of their posts and be posted in non-sensitive posts, the bench said.

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