Kiran Raj

The Madras High Court issued detailed directives to address illegal mining activities and protect the integrity of elephant corridors in Tamil Nadu. A Division Bench comprising Justice N. Sathish Kumar and Justice D. Bharatha Chakravarthy delivered the judgment while adjudicating on two writ petitions addressing unauthorized brick kiln operations and the encroachment of elephant corridors.

The petitions sought judicial intervention for the protection of elephant corridors and the cessation of illegal brick kilns in Coimbatore. In W.P. No. 27356 of 2019, the petitioner sought a directive to secure 16 identified elephant corridors in Tamil Nadu. In W.P. No. 28266 of 2022, the petitioner sought the shutdown of illegal brick kilns in the Coimbatore district.

Evidence presented in the petitions stated the ecological and environmental damage caused by unauthorized mining and brick kiln operations near reserve forests. The illegal activities disrupted wildlife movement, particularly affecting elephants in the Anaikatti North and South corridors, critical pathways within the Nilgiri Biosphere Reserve.

The Bench, recorded the urgency of protecting the environment, stated that the illegal mining activities constituted "a man-made disaster of natural resources." The Court noted that "the vast extent of quarrying, which extends to 600 acres near reserve forests, poses a serious threat to wildlife and the natural terrain."

Reports submitted by a judicial inspection team revealed extensive illegal mining and the existence of unauthorized brick kilns. These activities created deep trenches, altered water streams, and obliterated portions of forested land, resulting in potential man-animal conflicts.

The Court observed that “the illegal mining and brick kiln operations not only threaten wildlife habitats but also compromise the ecological balance essential for maintaining biodiversity.” It added that the ongoing encroachments demanded immediate and effective action from state authorities.

The High Court issued explicit directions to tackle illegal mining, protect elephant corridors, and enforce accountability among officials. It directed the formation of a Special Investigation Team (SIT), led by senior police officers, to investigate illegal mining operations and identify individuals involved, including financiers and beneficiaries. The SIT was empowered to register fresh cases based on findings from drone surveys or new evidence. The Tamil Nadu government was instructed to work with experts, including the Institute of Remote Sensing at Anna University, to establish satellite-based monitoring systems for detecting illegal quarrying activities. Additionally, the Court ordered the installation of artificial intelligence-enabled cameras at key locations to monitor the movement of vehicles transporting minerals.

The Court required local task forces to include two volunteers from civil society to aid in monitoring efforts. A directive was also issued to create a mobile application and toll-free number to facilitate public reporting of illegal mining activities. Periodic inspections by district collectors and relevant officials were mandated, with the requirement to submit reports directly to the Court. Restoration of lands damaged by illegal mining and mitigation of environmental harm were included in the Court's directives.

The Court ordered a vigilance inquiry into the assets of revenue, forest, and police officials associated with the affected areas over the last four years. It stated that negligence in detecting illegal activities would result in disciplinary action, including suspension. The Court issued an injunction against further encroachment or mining near designated elephant corridors and observed the necessity of restoring disturbed habitats to ensure the uninterrupted movement of wildlife.

S Muralidharan appeared as a party-in-person. Representing the State authorities were Additional Advocate General J Ravindran, Special Government Pleader (Forest) Dr. T Seenivasan, and Advocates V Gunasekar, V Chandrasekaran, SP Chockalingam, L Jaivenkatesh, and Richardson Wilson.

Senior Advocate N Muralikumaran, along with Advocates L Palanimuthu and M Purushothaman, appeared for other respondents involved in the case. To assist the Court in addressing the multifaceted environmental and legal challenges, Senior Advocate T Mohan, alongside Advocates C Mohan and M Santhanaraman, were appointed as amici curiae in the matter.

Case Title: S. Muralidharan v. Principal Chief Conservator of Forests & Ors. and Dr. R. Karpagam v. Assistant Director of Geology and Mining & Ors.

Case Numbers: W.P. Nos. 27356 of 2019 and 28266 of 2022

Bench: Justice N. Sathish Kumar and Justice D. Bharatha Chakravarthy

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