O R D E R

B.PUGALENDHI, J., The petitioner, claiming to be the former Tirunelveli City Municipal Corporation Councilor of Ward No.50, has filed this writ petition as a public interest litigation for a writ of mandamus directing the respondents 1 to 3 to constitute a special investigation team to probe into the transportation of river sand and clay sand collected during the process of forming basement floor in the redevelopment of Junction Bus Stand, Tirunelveli, in Block No.7, S.Nos.

589/1A1 and 589/1B.

2. Tirunelveli Corporation is selected under the Smart City scheme and the Tirunelveli Junction Bus Stand was identified for the redevelopment and renovation under the said scheme, at a cost of Rs.78.54 Crore. It was proposed to construct a three floored building with a basement and various amenities. The case of the writ petitioner is that the said Bus Stand is situated 500 meters from river Thamirabarani. In fact, the river was also flowing in that area and it was encroached and several buildings have been constructed. During the course of digging the earth for forming the basement, several loads of sand have been removed and the respondents 6 to 10 have illegally transported the excavated sand to the State of Kerala, without obtaining any permission from the concerned authorities as per the existing rules and regulations under Tamil Nadu Minor Mineral Concession Rules, 1959 and the Mines and Minerals (Development and Regulation) Act, 1957.

3. Learned Counsel for the petitioner submitted that more than 800 loads of river sand and clay sand in Torres lorry were transported by respondents 7 to 10 and therefore, the petitioner has lodged a complaint to the 4th respondent / District Collector on 13.05.2019 to the mobile no.97865-66111 under the procedure “call your Collector”, by way of a text message along with photographs. Subsequent to the complaint of the petitioner, the 5th respondent / Commissioner, Tirunelveli Corporation made a request to the District Collector in Na.Ka.No.E1/1682/2019 dated 13.05.2019, seeking permission for storing and for disposing the sand mixed with clay. Based on this request of the 5th respondent dated 13.05.2019, the District Collector by letter dated 20.05.2019, in Na.Ka.No.M3/16897/2019, permitted the 5th respondent to store the sand in the place between Parvathi – Arunagiri theaters and to effect the sale on public auction through the Tahsidlar / 11th respondent herein. It is further instructed that the dumped sand should not be dealt with commercially. Taking advantage of the same, several loads of river sand / clay sand were transported to the State of Kerala and the respondents 7 to 10 got illegal enrichment and therefore, the petitioner has filed the present writ petition. He has also referred about a case registered in Crime No.398 of 2020 for sand theft on the file of the Manur Police Station, Tirunelveli.

4. Mr.Issac Mohanlal, learned Senior Counsel representing the

5th respondent and respondents 6 to 10 submitted that the Tirunelveli Junction Bus Stand was constructed in the year 1956 and under the Smart City project, it is proposed to demolish the existing structure and to reconstruct the Periyar Bus Stand with basement and upto three floors. In execution of the project, the service of Anna University, Trichy, was availed to conduct sub soil investigation. One Dr.R.Ilangovan, Professor and his team conducted a sub soil investigation from 19.03.2019 to 21.03.2019 and submitted a report that the top layer contains gravel, sand mixed with clay, soft rock at middle with 9.36 to 20.50 % of water content and hard rock at bottom. As per the report, there is no identification of availability of any river sand and that the unified classification of soil is of silt clay.

5. Learned Senior Counsel further submitted that the project was entrusted with a Contractor on 20.11.2018 and the excavation was commenced on 02.05.2019. The excavated materials were stored in five dumping yards and as there was no