Chennai High Court, Madurai Bench Dismisses CPI Plea for Sand Corporation

The Chennai High Court, Madurai Bench, has dismissed a petition filed by the Communist Party of India (CPI) in 2020 seeking the formation of a Tamil Nadu Sand Corporation to tackle illegal sand mining across the state. The petition, led by CPI leader R. Mutharasan, argued that indiscriminate sand quarrying was severely impacting groundwater levels, disrupting irrigation, and causing hardships for farmers.

In the petition, the CPI had proposed the creation of a state-run sand corporation modeled on the Tamil Nadu State Marketing Corporation (TASMAC), which would oversee the identification, excavation, and regulated sale of sand. The party highlighted that despite numerous complaints, illegal sand mining continued unabated, threatening both agriculture and local water resources.

However, the Division Bench of Justices S.M. Subramaniam and A.D. Maria Clete observed that establishing a sand corporation is a matter of government policy and falls within the executive domain. “The relief sought cannot be considered by the court as it involves a policy decision to be taken in public interest,” the bench stated. The court emphasized that judicial review cannot substitute for policy-making and cannot direct the government to form a corporation solely for mining operations.

The judges further noted that Rule 38-A of the Tamil Nadu Minor Mineral Concession Rules already provides the framework for state-regulated sand quarrying. The bench urged strict implementation of these rules to curb illegal activities and ensure sustainable management of sand resources in the state.

The court’s ruling reinforces the principle that policy decisions, especially those involving resource management and public welfare, rest with the government and not the judiciary. Experts say the decision underscores the importance of robust enforcement of existing laws rather than creating new state bodies.

This verdict is a significant development in the ongoing efforts to control illegal sand mining in Tamil Nadu, highlighting the need for effective regulatory mechanisms and government accountability in natural resource management.