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2025 Supreme(Online)(MAD) 3961

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J
Converted As Suo Motu Pil – Appellant
Versus
Union Of India – Respondent


Advocates:
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

JUDGMENT :

S.M.SUBRAMANIAM, J.

S.No.TABLE OF CONTENTS
IOrigin of Suo Motu PIL
IIBrief Note on Beach Sand Minerals
IIIIndia's Nuclear Development Plans Dependant on Thorium
IVScope of the Public Interest Litigation (PIL)
VSignificance of this PIL
VIFacts in Brief
VIIContentions of the Respondents
VIIILegal Issues
IXDiscussions
XConclusion

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, Rutil

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