'Police Investigation Was An Eye-Wash': Madras High Court Constitutes SIT To Investigate Illegal Mining In Western Ghats

The Madras High Court on Friday, constituted a Special Investigation Team comprising of two IPS officers to enquire into large levels of illegal mining that has been happening near the reserve forests of Western Ghats. 

The specially constituted forest bench of Justice N Satish Kumar and Justice Bharatha Chakravarthy transferred all the pending investigations into the batch of cases to the newly constituted SIT comprising G.Nagajothi, I.P.S., Superintendent of Police, State Crime Records Bureau and G.Shashank Sai, I.P.S., Superintendent of Police, Organised Crime, Intelligence Unit. The SIT, apart from investigating the ongoing cases was also given liberty to register fresh cases with respect to any illegal quarrying that may be unearthed during the course of the investigation. The court also directed the SIT to look into the possibility of a larger conspiracy and not leave out any "big fishes" who might have been part of the devastation.

"It would also be open for the Special Investigation Team to register separate cases as to the involvement of known/unknown officials and mafia, in general, which is connected to the devastation of the environment and to investigate the angle of the larger conspiracy behind the whole episode and find out whether there is any organised crime and bring to the books of those persons, the big fish behind these operations," the court said.

The directions were issued on writ petitions filed by environment activists seeking identify and secure the elephant corridors in Coimbatore Forest Division. The petitioners had argued that the entire area, which was part of the Reserve forest was being devastated and destroyed by illegal mining and setting up of illegal brick kilns.

Previously, the court had ordered an inspection by the District Judge to find out the extent of devastation that was happening in the area. Through a detailed report, the inspection team informed the court of the rampant illegal mining that was happening in the area, with the connivance of the land owners and the illegal functioning of the brick kilns despite a previous order of the court shutting down the same. It must be also noted that in one of the previous hearings, the court had orally warned the State that it would order a CBI probe if the state failed to take strict action in the case.

Though the State submitted that it was investigating into the issue, the court found little force in the submissions and remarked that the entire investigation was a mere eye wash. The court noted that the police were still unable to state who was involved in the illegal mining or where the sand was supplied. Thus, the court remarked that there was a grave suspicion about the involvement of the police in the entire episode. 

"Till today, not even in one case, the Police is able to tell us that the earth is mined by so and so, is supplied in a particular place for the particular purpose. Therefore, absolutely, no investigation whatsoever has been done so far. The investigation, upto the stage, whatever has been shown, is nothing but an eye wash. The higher officials are keeping tight lipped while the field level investigation officers have shown complete apathy. There is grave suspicion about the involvement of these Station House Officers as also the higher officials in the entire episode," the court said. 

Apart from the SIT investigation, the court also directed the Vigilance Department, Coimbatore to conduct a separate enquiry into the assets of each and every revenue official who worked in the stations for the past four years and the Station House Officers including Inspectors and Sub-Inspectors who were working in the area during the relevant time. The court also directed the Chief Secretary to consider the entire issue and recommend appropriate action whenever any delinquency was noted. 

The court also suggested that the 'Mining Surveillance System' launched by the Ministry of Environment, Forest and Climate Change could be utilized for surveillance. The court added that a system could be developed, through remote sensing for monitoring, whereby, any activity of quarrying earth will be immediately notified and alerts will be made automatically to the Revenue, Forest, Mining, and the other departments as may be specified. The court directed the Department of Information Technology and Digital Services of the Government of Tamilnadu in collaboration with the Institute of Remote Sensing, Anna University, and any other expert to come up with such technology within 6 months.

The court also directed the Commissioner of Geology and Mining and the District Collector to conduct a detailed preliminary enquiry to find out the various commissions and ommissions by the Revenue and Mining officials and fix responsibility upon them by initiating appropriate disciplinary action. The court gave liberty to the District Collector to either suspend or transfer the VAOs of the area if, prima facie, there was complicity in the illegal mining. 

Among other directions, the court also ordered the existing trenches to be leveled, bridges and illegal roads to be obliterated, and water bodies to be restored to enable the elephants and other wild animals to maneuver through the area. The court also asked the Mining Department to conduct its own inquiries along with the investigating agency and take immediate steps including a levy of fines. The court ordered the fine amounts to be kept in a separate account which could be used for the restoration of the area.  

Counsel for the Petitioner: Mr. Mr.S.Muralidharan, Party-in-person, Mr.S.P.Chockalingam

Counsel for the Respondent: Mr. J.Ravindran, Additional Advocate General Assisted by Dr.T.Seenivasan, Special Government Pleader (Forest), Mr.V.Gunasekar, Standing Counsel, Mr.V.Chandrasekaran, Senior Panel Counsel, Mr.S.P.Chockalingam, Mr.L.Jaivenkatesh, Standing Counsel, Mr.Richardson Wilson, Mr.N.Muralikumaran, Senior Counsel, for M/s.MCGAN Law Firm, Mr.L.Palanimuthu, Mr.M.Purushothaman

Amicus Curiae: Senior Advocate Mr.T.Mohan, Senior Advocate Mr.M.Santhanaraman, Mr.C.Mohan

Case Title: S Muralidharan v Principal Chief Conservator of Forests

Citation: 2025 LiveLaw (Mad) 10

Case No: W.P.Nos.27356 of 2019 and 28266 of 2022