Mining at a river bed (Representational Photo | EPS)
Mining at a river bed (Representational Photo | EPS)

HC orders Tamil Nadu CB-CID to probe illegal sand mining in Thoothukudi

The judges found that the contractor was quarrying the sand with the help of a permit given by the Public Works Department (PWD) to remove the sand and use it for the dam construction.

MADURAI: The Madurai Bench of Madras High Court ordered a CB-CID probe into five cases registered over illegal sand mining in the Thamirabarani river at Vallanadu village in Thoothukudi.

A Bench of Justices K Kalyanasundaram and B Pugalendhi passed the order after being dissatisfied with the police probe. The Bench said police had either closed the cases as 'mistake of fact' or 'dropped further action'.

Noting that the sand in the area was rich in atomic minerals, the Bench directed the Atomic Minerals Directorate of the Union government to conduct a detailed analysis and submit a report by October next year.

The Bench gave the directions while disposing of a Public Interest Litigation alleging that in the guise of constructing a check dam across Thamirabarani in Vallanadu, D Shanmugavel, the contractor of the project, was illegally quarrying river sand.

The judges found that the contractor was quarrying the sand with the help of a permit given by the Public Works Department (PWD) to remove the sand and use it for the dam construction.

But they noted that the said permission was not part of the original project agreement and the PWD does not have the authority to give such permission to a private entity. "Moreover, the permission has been granted despite the court’s order last year that no quarry operation should be allowed in Thamirabarani river," the judges observed.

The five criminal cases, which have been now transferred by the court, were originally registered by the police - two by Murappanadu police suo motu and three on petitioner's complaint - but were closed based on the aforesaid permission. However, the police failed to see as to why the contractor was transporting sand for a government project at odd hours, the judges pointed out. 

"And if it’s only for the project, then why the drivers of the tipper lorries, that were seized in two of the cases, fled leaving the vehicles behind when the police intercepted them during night patrol," the judges observed and ordered a CB-CID investigation to cull out the truth.

Based on a report filed by the advocate commissioner appointed by the court to survey the site, the judges noted that approximately 1,09,077.17 cubic metre of sand has been excavated from the check dam site and there is a substantial percentage of heavy minerals such as Garnet, Ilmenite, Zircon, Monazite etc in the area.

Though the said figure was disputed by the government authorities, the judges were satisfied that a considerable amount of sand has been quarried from the river in the guise of check dam construction.

1,09,077.17 the cubic metre of sand that  has been excavated from the check dam site

Substantial presence of heavy minerals 

The Bench, while issuing the directions to hold a CB-CID probe into the five cases, said the police had either closed the cases as 'mistake of fact' or 'dropped further action'. Having found that there is a substantial percentage of heavy minerals such as Garnet, Ilmenite, Zircon, Monazite etc in the area, the Bench also directed the Atomic Minerals Directorate of the Union government to conduct a detailed analysis and submit a report by October next year

Related Stories

No stories found.
The New Indian Express
www.newindianexpress.com