Back
2025 Supreme(Online)(MAD) 3961
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.Subramaniam, M.Jothiraman, JJ.
Converted as Suo Motu PIL and ors. - Petitioners
Vs.
Union of India, Represented by the Secretary to Government, Government of India, Ministry of Mines, “D” Wing, 3rd Floor, Shastri Bhavan, New Delhi and ors. – Petitioners
SUO MOTU W.P.No.1592 of 2015 and W.M.P.Nos.38757 of 2018 and 3446 of 2024
Decided On 17-02-2025
Advocate Appeared :
For the Petitioner : Dr.V.Suresh, Amicus Curiae, Mr.P.M.Subramanian, Senior Counsel, For Mrs.N.K.Kanthimathi
For the Respondent : Mr.R.Rajesh Vivekanandhan, Deputy Solicitor General of India, Mr.K.Gunasekar, Senior Panel Counsel, Mr.Aravind P.Datar, Senior Counsel, Assisted by Mr.B.Vijay, Additional Government Pleader, Mr.V.Raghavachari, Senior Counsel For Mr.P.M.N.Bhagavathkrishna, Mr.Srinath Sridevan, Senior Counsel, For Mr.J.Kingsly Solomon, Mrs.S.Deepika, Mr.V.Sanjeevi, Mr.M.Guruprasad, Mr.Puhazh Gandhi, Mr.V.Raghavachari, Senior Counsel, and Mr.M.Sricharan Rangarajan, Senior Counsel, For Mr.J.Kingsly Solomon, and, S.Vaikundarajan, Party-in-Person, Mr.V.Selvaraj, For, Mr.D.Prabhu Mukunth Arun Kumar, Mr.B.N.Suchindran, Standing Counsel, Mr.V.R.Kamalanathan, For Mr.A.Michael Shakespeare
Advocate Appeared:
For the Appellant : Dr.V.Suresh Amicus Curiae Mr.P.M.Subramanian Senior Counsel For Mrs.N.K.Kanthimathi
For the Respondent: Mr.P.M.Subramanian Senior Counsel For Mrs.N.K.Kanthimathi Mr.K.Gunasekar Senior Panel Counsel Mr.Aravind P.Datar & R31 Senior Counsel Assisted by Mr.B.Vijay Additional Government Pleader Mr.V.Raghavachari Senior Counsel Mr.V.Raghavachari Senior Counsel Mrs.S.Deepika Mr.V.Sanjeevi Mr.M.Guruprasad Mr.V.Raghavachari Senior Counsel and Mr.M.Sricharan Rangarajan Senior Counsel For Mr.J.Kingsly Solomon and S.Vaikundarajan Party-in-Person Mr.V.Selvaraj, For Mr.D.Prabhu Mukunth Arun Kumar Mr.V.R.Kamalanathan For Mr.A.Michael Shakespeare
The court upheld the findings of illegal mining and transportation of Beach Sand Minerals, validating the termination of mining leases and directing recovery of substantial losses to the state exchequer.
Headnote:(A) Atomic Energy Act, 1962 - Mines and Minerals (Development and Regulation) Act, 1957 - Illegal mining and transportation of Beach Sand Minerals (BSMs) in Tamil Nadu - Allegations of collusion between private lessees and officials leading to significant illegal mining activities - Findings of multiple committees upheld, revealing illegal mining of over 1 Crore MT and loss of revenue amounting to Rs. 5832 Crores - Premature termination of mining leases validated due to illegalities - Direction to hand over illegally mined stocks to Government entity for proper handling. (Paras 1-398)
(B) Public Interest Litigation - Scope of judicial intervention in matters of illegal mining and environmental protection - Courts have a duty to ensure compliance with laws and protect public resources. (Paras 1.1-1.2)
JUDGMENT :
S.M.SUBRAMANIAM, J.
| S.No. | TABLE OF CONTENTS |
| I | Origin of Suo Motu PIL |
| II | Brief Note on Beach Sand Minerals |
| III | India's Nuclear Development Plans Dependant on Thorium |
| IV | Scope of the Public Interest Litigation (PIL) |
| V | Significance of this PIL |
| VI | Facts in Brief |
| VII | Contentions of the Respondents |
| VIII | Legal Issues |
| IX | Discussions |
| X | Conclusion |
I. Origin of Suo Motu PIL:
The Suo Motu Public Interest Litigation (PIL) arises from allegations of massive illegal mining and sale of “Beach Sand Minerals” (hereinafter referred to as 'BSMs') by various private lessees/mining companies in the three southern districts of Tamil Nadu namely Thoothukudi, Tirunelveli and Kanniyakumari during the period of 2000-2001 till 2016-2017. BSMs are also referred to as 'Heavy Minerals'.
2. The PIL was originally filed by one Dr.Victor Rajamanickam. For various reasons (as available on the record of this Court) he withdrew himself. However, in view of the serious nature of allegations involved including the alleged environmental damages caused, and National security this Court converted the PIL into suo motu case on 28.01.2016.
II. Brief Note on Beach Sand Minerals:
3. The availability of beach sand minerals like Ilmenite, Rutile, Zircon, Leucoxene, Monazite, Sillimanite and Garnet along the coastline of India is a result of geological processes starting from erosion of hinterland rocks containing these minerals, their erosion and transport to the coastal tracts by streams and rivers, repeated winnowing action by wind and ocean currents and sea level changes, mineral rock formations, drift of eroded material through ocean currents and subsequent deposit of minerals on shores. The processes resulting in the deposits of these rare minerals along the shore, stretch over several thousands of years and are continuously driven by sea/ocean erosion of rock formations in other parts of the world. The ocean currents transport the rare minerals from their origin to the shores here. The transportation is dependent upon the physical properties of the minerals themselves i.e., density, mass, etc.
4. In so far as the State of Tamil Nadu is concerned BSMs are peculiar to the three coastal districts of Tamil Nadu namely Thoothukudi, Tirunelveli and Kanniyakumari alone. Beach sand is rich in seven heavy minerals - ilmenite, leucoxene (brown ilmenite), rutile, zircon, sillimanite, garnet and monazite. They are processed to derive rare earth elements and titanium that are used in a variety of industries, including paints and cosmetics.
5. In Beach Sand Minerals (BSMs) ore, there occurs Monazite, a prescribed substance as per Atomic Energy Act, 1962 . Monazite contains Thorium, Uranium and Rare Earth (RE) elements. Thorium is a central component of India's nuclear policy and is considered a matter of key National security. Therefore, private entities are prohibited from dealing with or processing Monazite.
6. The world's reserve of monazite is estimated to be in the range of 12 Million tonnes of which nearly 8 Million tonnes occur with the heavy minerals in the beach sands of India in the States of Kerala, Tamil Nadu, Andhra Pradesh and Orissa.
III. India's Nuclear Development Plans Dependant on Thorium:
7. Monazite, a greenish-yellow phosphate mineral containing rare earth metals, is an important source of thorium, lanthanum, and cerium. It occurs usually in small isolated crystals. Thorium has been recognized as (another) radioactive nuclear material for producing energy indigenously. In fact, India is now progressing steadily towards a Thorium based nuclear program. Thorium based program has the potential to support the energy security on long term. Thorium is also inherently advantageous considering its domestic availability.
8. Thorium is used in a variety of industrial and military applications. Thorium has been extracted chiefly from monazite. Monazite, is a principal source of Thorium, and Indian Rare Earths Limited (IREL), a Government of India undertaking under the administration control o
