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In the reference 24 cited, the then Collector, Madarsi had sent report In that repert, he has stated

that illicit spiarrying have been carried out in the granite quarries and he has also stated that private
lease holders have quarried the TAMIN lease hold lands and illegally taken away granite stones worth
about Ra 3350 Crores. He has also stated that he suspects that granites stones from Government
Poromboke lands which have been illegally quarried alone are worth Rs.15731 crores for which
seigniorage fee loss is Rs.617 Crores, totally a revenue loss of Rs. 16338 Crores to the Government.

Based on the above findings which had also come out in media and based on the complaints
received, the District Administration carried out a thorough inspection of all the quarties in Madurai
District vide proceedings third cited. In the proceedings, it was ordered to inspect all the four
hundred and fifteen quarries in the district including granite and other minerals. But, the magnitude
of violations of illegal quarries was very high as per the available information and therefore, it was
ordered to conduct thorough inspection of 175 granite quarries in the district vide reference 4th
cited and teams were reorganised.

The teams formed by the District Collector comprising of Zonal Deputy Tahsildars, Surveyors and
Officials from Mines department and technical staff of Rural Devolment department were ordered to
conduct a comprehensive survey of the mining areas in respect of the following:

i) Quarrying beyond the permitted area.

ii ) Encroachment of Government Poramboke land.

Illegal mining in Government land.

iv) Illegal mining in any private land.

Illegal mining in quarries allotted to TAMIN.

vi) Violations of norms such as mandatory 50 meters distance/ 7.5/10 meters buffer zone, etc.,

vii) Total quantity of granite mined compared to the actual permit issued and detection of cases of
theft.

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27.13

The inspection work of these 18 teams was red by officers in the cadre of Deputy Collector and
overall supervision by the District Revenue Officer rank officers. These teams have thoroughly
inspected all the 175 granite quarries and have submitted their report. As per the reports submitted,
violations are noticed in 94 quarries. The details of the inspection reports are detailed below

Out of the 175 licensed granite quarries, as on date only 129 granite quarries are in operation and 46
are non-operative. Out of the 129 operative quarries, violations of various types were noticed in 94
quarries Illicit quarrying was found in 58 quarries. (16 in patta land, 36 in poramboke land and fi in
both patta land and poramboke land).

In 43 quarries, safety distance as stipulated in the rules, were not followed. In 24 cases, water bodies
were destroyed or damaged. In 26 cases encroachments on Government land were noticed.

In the above cases detected so far, illegal mining has been done in poramboke land and huge
quantities of granite seems to have been mined, removed and sold without permission. In this
regard, 20 FIRS have been filed against license holders concerned u/s 447, 201, 379 of IPC and 4(1),
4(2), (A), 4(3) and 21 (b) (5) of Mines and Minerals Development and Regulations Act, 1957 and 3(1)
of TNPPDL Act and 46 persons have been arrested so far.

On 09.08.2012, a joint raid was conducted by Police and other officials belonging to Revenue, Mines,
Pollution Control Board, Regional Transport Office, Deputy Chief Inspector of Factories and Town and
Country Planning Departments as part of further investigation and to look into various allegations of
violations in the granite factory belonging to "M/s P.R.P. Exports located in TherkkuTheru Revenue
Village of Melur Taluk, Madurai District. During the raids, two building (office complexes) were sealed
in order to avoid any destruction / removal of evidences. Subsequently a workshop shed belonging
to P.R.P Exports at Keelavalavu Village was also sealed on 14.08.2012.

207-13

To measure the actual quantum of granite quaried in the stove cases wherein illicit quarrying of
granite is notieed, assistance of techni persons was sought from the Commissioner of Geology and
Mining The Commissioner of Geology and Mining in his proceedings vide reference & cited above,
has deputed 6 Assistant Geologists and 4 surveyors of Mines Department from other districts to
survey and assess the quantum of granite stones quarried with the help of Total Station survey
Instruments. The above personnel were divided into two teams and they were ordered to inspect,
survey and assess the actual volume of granite stones quarried in the lease hold lands, in the
adjoining Government Poramboke lands and the unauthorised patta landa. Subsequently two more
Assistants Geologists along with a Deputy Director (Geology and Mines) and an Assistant Director
Geology and Mines) Tiruppur were diverted to this District for assistance.

They have surveyed 49 quarries so far with the help of Total Station instrument. The measurements
no taken is super-imposed on the digitized field measurement book sketches in the licensed area.
This measurement will give the actual quantum of granite quarried in the leasehold area, the
adjoining poramboke lands and patta lands seperately

The detailed assessment and evaluation of the illegally quarried granite stones for the above 58
illegal quarries is being carried out by the Deputy Director and an Assistant Director deputed by the
Commissioner of Geology and Mining vide reference 12m cited above. So far, the evaluation of
illegally quarried granite stones in 17 quarries has been completed. The work is expected to be
completed before the end of this month.

Mean while, based on the findings of the zonal teams about the stockyards of granite stones
belonging to the lease holders in Keelaiyur, Keelavalavu, Thiruvathavoor, E. Malampatti and Puthu
Tamaraipatti, Idayapatti, Navinipatti and other places it was ordered to enumerate and mark the
granite stones actually stocked in the unauthorised stockyards. The details are given below:

1. It is humbly submitted that the contents of Paragraph 24, 25 and 27 to 37


of the petition that relying upon the evaluation report submitted by
Dr.Mohandass is against the well settled guidelines and parameters set
out by the Director of Geology and Mining in the year 2001 & 2006 and
that the evaluation report is against the finding of Anna University
submitted in the year 2006 and is also not scientific are hereby denied as
false. That the further averment to the effect that the State Government in
WP (PIL) No. 16841/2014 had filed affidavit to the effect that they have
approached Geological Survey of India, Indian Bureau of Mines to get
expert opinion with regard to question of recovery percentage, that the
recovery percentage of Madurai White is of the average of 35 to 40% in
a productive zone, etc., are hereby denied as false and the petitioner is
put to strict proof of the same. The further averment with regard to the
order passed by the Hon’ble Supreme Court in SLP(C) No. 11176/2015
dated 13.07.2015 granting liberty to the petitioners to approach the
authority concerned and canvas the grounds raised in the Special Leave
petitions is no way connected with the investigation into the offence of
money laundering and the prosecution complaint filed against the
petitioners in CC No. 11/2018, as the same is related to the show cause
notice issued by the District Collector under the provisions of the Mines
and Minerals (Regulation and Development) Act, 1957. The averments
raised by the petitioners with regard to the quality of granite, its recovery
percentage etc., are dependent upon various factors and as such the
report of Inspection/Evaluation team is not arrived by adopting scientific
techniques shall not be required to be looked into by this Hon’ble Court
during the stage of framing charges. Further the contention that the rate
of granite blocks varies depending upon the texture, colour, grade, size
etc., and that the recovery percentage is very poor (5%) are also
irrelevant to be considered at the stage of framing charges by this
Hon’ble Court. The said contentions raised in para-No. 32 disputing the
valuation report, quantum of illegal quarrying, quantum of recovery
percentage etc are the defense raised by the petitioners/accused and the
same is not permissible to be considered at this juncture.

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