The Madras High Court has directed the authorities to expedite the pending inquiry against erring officials and instructed the CB-CID to ensure a swift conclusion of the trial in a case involving illegal excavation and transportation of sand from the Thamirabarani river to Kerala.
Petitioner's Background
The petitioner, R. Ponnudurai, a former assistant engineer in the agricultural engineering department, was booked by the Tirunelveli CB-CID on allegations of aiding other accused in illegal sand mining by approving the establishment of bogus farm ponds. Subsequently, he was suspended, his salary increment was halted for one year, and he was directed to compensate 50% of the loss caused, amounting to Rs 3.50 lakh. His representation to revoke the suspension was rejected, prompting him to approach the court seeking reinstatement.
Court Observations
Justice B. Pugalendhi noted that the final report revealed that the first accused, Manuvel George of Kerala, obtained an M-sand stockyard license and transport permit with the help of officials from the geology and mining department. The first accused dug bogus farm ponds in South Kallidaikurichi without permission and also excavated unauthorized pits on other survey numbers. The sand from these bogus farm ponds and pits was illegally transported to Kerala using M-sand permits, with the connivance of other accused and officials.
The judge observed that sand mining by private individuals has been prohibited in Tamil Nadu since 2003 under Rule 38-A of the Tamil Nadu Minor Mineral Concession Rules, 1959. According to this rule, the right to exploit sand in the state is vested solely with the state government. However, in this case, a person from Kerala illegally extracted sand from the banks of the Thamirabarani and transported it to Kerala under the guise of M-sand. The first accused committed this offense with the connivance of officials, including the petitioner, who facilitated the crime by issuing work orders for constructing bogus farm ponds to legalize the mining operations.
Accountability and Punishment
Justice Pugalendhi emphasized that this episode clearly demonstrates how offenders are evading accountability and punishment. Therefore, the Director of Geology and Mining shall examine the issue and ensure the completion of the pending inquiry at the earliest. The judge also directed the CB-CID, which conducted an effective investigation, to ensure the trial is concluded promptly.
Regarding the petitioner, the judge observed that his suspension 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.
