Finish probe, speed up trial in illegal sand mining case: HC

Madurai: Madras high court has asked the authorities to complete the pending inquiry against erring officials, and CB-CID to ensure that the trial is concluded at the earliest, in a case pertaining to illegal excavation and transportation of sand from Thamirabarani river to Kerala.

Petitioner R Ponnudurai, who was assistant engineer in the agricultural engineering department , was booked by the Tirunelveli CB-CID on the allegation that he had helped the other accused to engage in illegal sand mining by approving setting up of farm ponds. Thereafter, he was placed under suspension. His salary increment was stopped for one year, and he was asked to compensate 50% of the loss caused by him up to Rs3.50 lakh. His representation to revoke the suspension was rejected. Challenging it, he moved court seeking to reinstate him in service.

Justice B Pugalendhi observed that a perusal of the final report reveals that first accused Manuvel George of Kerala had obtained m-sand stock yard licence and transport permit with the help of officials from the geology and mining department. The first accused dug up bogus farm ponds in South Kallidaikurichi without obtaining permission , and also dug up unauthorised pits on other survey numbers. The sand dug up for such bogus farm ponds and pits has been illegally transported to Kerala using the m-sand permits with the connivance of the other accused and officials.

The judge observed that sand mining by private individuals is prohibited in Tamil Nadu with effect from 2003 under Rule 38-A of Tamil Nadu Minor Mineral Concession Rules 1959. According to this rule, the right to exploit sand in the state is vested with the state govt alone. However, in this case, a person from Kerala has taken sand illegally from the banks of Thamirabarani and illegally transported it in the name of m-sand to Kerala. The first accused has committed this offence with the connivance of the officials. The petitioner and other officials had facilitated the crime by issuing work orders for constructing bogus farm ponds in order to legalise the mining operations..

This episode clearly shows the manner in which the offenders are escaping accountability and punishment for their actions. Therefore, the director of geology and mining shall look into this issue and ensure that the inquiry pending is completed at the earliest, the judge said.

Since the final report has been filed, CB-CID, which has conducted the investigation in an effective manner, shall ensure conclusion of trial at the earliest.

The suspension of the petitioner may be revoked and he may be placed in any non-sensitive post after consultation with the investigating agency pending the outcome of the criminal case, the judge observed.

Ends