Court directs authorities to impose penalties and prevent illegal mining, including night hours, under mining laws.

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P.(MD)No.4305 of 2026 and W.M.P.(MD)No.3580 of 2026 K.Shanmuganathan ... Petitioner Vs.

1.State of Tamil Nadu, Represented by its Secretary to Government, Department of Geology and Mining, Secretariat, Chennai.

2.The Director of Mines and Minerals, O/o. Director of Mines and Minerls, Guindy, Chennai.

3.The District Collector, Pudukkottai District, Podukkottai.

4.The Assistant Director of Mines & Minerals, O/o. Assistant Director of Mines & Minerals, Pudukkottai District, Podukkottai. ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to immediately take appropriate action against the illegal quarrying in the Kanmai Situated in Survey No.346/3, Oonaiyur Village, Thirumayam Taluk, Pudukkottai District and another Kanmai situated in Survey No. 959/1 in Verachilai 1 Bit Village, Thirumayam Taluk, Pudukkottai District and consequently to direct the Respondents to ensure that there is a complete prohibition in the illegal sand mining in the above referred Kanmais and other areas with periodical inspection, within the period that may be stipulated by this Court.

For Petitioner : Mr.H.Mohammed Zamil for M/s.Ajmal Associates For Respondents : Mr.A.Kannan, Addl. Govt. Pleader

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.)

This Writ Petition has been filed seeking a direction to the respondents to immediately take appropriate action against the illegal quarrying in the Kanmai Situated in Survey No.346/3, Oonaiyur Village, Thirumayam Taluk, Pudukkottai District and another Kanmai situated in Survey No.959/1 in Verachilai 1 Bit Village, Thirumayam Taluk, Pudukkottai District and consequently to direct the Respondents to ensure that there is a complete prohibition in the illegal sand mining in the above referred Kanmais and other areas with periodical inspection, within the period that may be stipulated by this Court.

2. The petitioner has filed this Writ Petition as a public interest litigation. According to him, illegal quarrying is being carried out in the subject kanmais without any authorization. The petitioner had sent a representation to the respondents on 31.01.2026, requesting them to take necessary action; however, no action has been taken to stop the illegal mining. Hence, the petitioner has filed this Writ Petition.

3. The learned Additional Government Pleader, on instructions, submitted that during an inspection conducted on 08.01.2026, it was found that illegal mining had occurred and 1023 cubic meters of gravel sand had been removed. Therefore, action has been initiated against the concerned persons under Sections 21(1) and 21(5) of the Mines and Minerals (Development & Regulation) Act, 1957 and Rules 36-A(1) and (3) of the Tamil Nadu Minor Minerals Concession Rules, 1959. Further, in compliance with the direction issued by this Court in W.P.No.28880 of 2022, dated 17.12.2025, criminal proceedings have also been initiated against the concerned individuals. He further submitted that a team has been constituted to monitor the illegal quarrying.

4. However, the learned counsel appearing for the petitioner submitted that although mining has been stopped during the day, illegal mining continues to occur during the night hours.

5. In view of the above, the respondents are hereby directed to ensure that penalties are imposed on the persons responsible for removing the gravel, and that criminal action is initiated against them. Further, the respondents shall take all necessary measures to ensure that no illegal mining occurs, including during night hours.

6. With the above direction, this Writ Peti