S.K.Mohan vs. The Assistant Director
Held
The Court held that it could not directly delve into the veracity of the mining licenses granted to the impleaded respondents within the present writ proceedings. The Court reasoned that the existence of licenses meant the petitioner's primary recourse was to challenge these licenses directly. Therefore, the writ petition was disposed of by granting the petitioner liberty to challenge the licenses issued in favor of the impleaded respondents. However, acknowledging the petitioner's averments regarding potential non-compliance, the Court directed the first respondent (Assistant Director, Mines and Mineral Department) to conduct an inspection. This inspection was to ascertain whether the conditions stipulated in the granted licenses were being adhered to. If non-compliance was found, appropriate action was to be taken against the license holders. This exercise was to be completed within eight weeks of receiving the order. No costs were awarded.
Facts
The petitioner, S.K. Mohan, filed a writ petition seeking a direction for an investigation by an appropriate agency, including the CBI, into alleged illegal sand mining in the name of 'Savudu sand' in Thiruchuli, Kariapatti, and Aruppukotttai Tanks of Virudhunagar District. The petitioner aimed to ascertain the loss to the government by way of GST due to this alleged illegal activity. The impleaded respondents (R-4 to R-6) were stated to have obtained licenses for mining operations in these areas. The petition was filed under Article 226 of the Constitution of India.
Key Issues
1. Whether the High Court, in a writ petition, can directly investigate allegations of illegal sand mining and determine the loss to the government by way of GST, given that the impleaded respondents possess licenses for mining operations? The petitioner argued for a comprehensive investigation into the illegal sand mining to ascertain the loss of GST revenue to the government. The petitioner sought the appointment of an investigating agency or a CBI enquiry to look into the matter. The respondents, including the Assistant Director of the Mines and Mineral Department and the Tahsildars, were represented. The impleaded respondents (R-4 to R-6) presented their licenses for mining operations in the disputed areas. The Court needed to decide the scope of its intervention in a writ proceeding concerning alleged illegal activities when licenses are in place.
AI-generated summary — verify with the full judgment below
1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2018 CORAM: THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.[MD].No.17732 of 2018 and W.M.P.(MD).No.15620 of 2018 S.K.Mohan : Petitioner Vs. 1.The Assistant Director, Mines and Mineral Department, Virudhunagar District Collector Complex, Virudhunagar. 2.The Tahsildar, Kariyapatti Taluk, Virudhunagar District. 3.The Tahsildar, Thiruchuli Taluk, Virudhunagar District. 4.K.Muthupandi 5.The Riviera Estate, Represented by N.Patchayappan, aged 63 years, S/o.Nanjappa Gounder, 169, PLS Nagar, Chinniyampalayam Post, Coimbatore 641 062. 6.G.Blessing Jebaseelan : Respondents [R-4 to R-6 impleaded vide order dated 19.09.2018 made in W.M.P. (MD).Nos.17685, 17686 and 17707 of 2018 in W.P.(MD).No.17732 of 2018] PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to appoint appropriate investigating agency or CBI enquiry to investigate the illegal sand mining in the name of Savudu sand to arrive the loss to Government by way of GST in the areas at Thiruchuli, Kariapatty and Aruppukotttai Tank
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