ORDER :

B. Pugalendhi, J.

1. This writ petition is filed for a writ of mandamus directing the respondents to ensure the illegal sand mining and transportation is curtailed by installation of closed circuit television video with internet protocol in all major roads at reasonable distance.

2. The concern of the writ petitioner is that though there are several toll plazas all over the State, huge quantities of sand are transported with the help of the officials. Therefore, by installing closed circuit television video with the internet protocol, the illegal excavation and transportation of sand can to some extent be checked and curtailed. Though the provision under Section 23(c) of the Mines and Mineral (Development Regulation) Act, 1957, empowers the State Government to make necessary Rules to prevent the illegal mining, transportation and storage of minerals, no appropriate steps were taken by the Government, to prevent the illegal mining activities and therefore, there are illegal mining activities taking place in Tamil Nadu, particularly in Cauvery river Basin.

3. Taking cognizance of this writ petition, this Court by order dated 01.03.2019 has raised the following queries.

1. Number of FIRs filed with regard to the illegal sand quarrying and illegal transportation for the past five years through Tamil Nadu (District wise details to be given)?

2. In how many cases, final reports have been filed and give the details?

3. Whether the sand mining in Tamil Nadu is being illegally transported to other States. If it is so, how many cases have been filed and whether the vehicles are seized and file a status report to that effect.?

4. Whether steps have been taken to establish Special Courts providing for speedy trial as per Rules?

5. Whether the earlier order passed by the Division Bench of This Court for Constitution of Special Bench has been complied with?

4. In response, the respondent has filed a report on 22.03.2019 that 6728 vehicles have been seized during 2013-2014, 6623 vehicles have been seized during 2014-15, 5146 vehicles have been seized during 2015-2016, 8786 vehicles have been seized in the year 2016-17 and 17320 vehicles have been seized in the year.

5. Further it is stated that the Director of Geology and Mining Department, has requested the Principal Secretary to Government, Industries Department, Chennai - 9, to form a Special Court vide his letter R.C. No. 8981/MM6/2018, date 26.02.2019 and the same is under active consideration. It is stated that 52 check posts are functioning across the State to monitor the vehicles.

6. Though several vehicles have been seized for illegal transportation, there is no detail with regard to the number of vehicles confiscated as contemplated under the Mines and Minerals (Development and Regulation) Act, 1957.

7. Section 21(4) of the Mines and Minerals (Development and Regulation) Act, 1957 stipulates that any tool, equipment, vehicle or any other things used for raising, transporting any mineral from any land without any lawful authority shall be liable to be seized and those tool, equipment, vehicle or any other things seized under Sub Section 21(4) are liable to be confiscated under Section 21 (4A) of the Act by an order of the Court competent to take cognizance of the offence under Sub Section (1) of Section 21 of the Act. Though Section 21(4A) of the Act mandates confiscation of the vehicles, tool used for illegal mining, apparently no vehicle nor any tool was confiscated by- the authorities so far. Similarly, in G.O. Ms. No. 135, - Industries (MMA1) Department, dated 13.11.2009, while reconstituting the District Level Task Forces and Taluk Level Task' Forces certain responsibilities have been fixed upon the Village Administrative Officer, Tahsildar, Officer in charge of the area that they shall be held responsible for not taking proper action against the offender as against the illegal mining. The District Collectors are directed to take departmental action against those erring officials.