Madras HC halted operation of 177 brick kilns at Thadagam Valley in Coimbatore district

The Madras High Court on Tuesday stayed the operation of 177 brick kilns in Thadagam valley. Coimbatore district, in response to an order passed in their favour by the Commissioner of Geology and Mining on December 29, 2022. It ordered that even the transportation of bricks be halted until the matter is heard again.

   A Division Bench comprising Justice N. Sathish Kumar and Justice D. Bharatha Chakravarthy passed the interim orders on a writ petition filed by activist S. Muralidharan. They also requested that a Special Government Pleader ensure that the Commissioner was present in the court during the next hearing to explain the reasoning behind the order passed by him.

   The Madras High Court ordered that no bricks be transported until the next hearing, and examined an order issued by the Commissioner of Geology and Mining granting permission for the brick kilns to operate.

   Amicus curiae T. Mohan stated that while hearing an appeal against the Collector’s order closing down the kilns Collector’s for various violations, the Commissioner imposed fines ranging from ₹3 lakh to ₹6 lakh on each of the 164 brick kilns, and permitted them to continue operations subject to the outcome of cases pending in the High Court and the National Green Tribunal.

   Surprised by the Commissioner’s order, the judges inquired as to what authority the officer had used to impose the fines and permitted the kilns to continue operations when the kilns did not have valid clearances in the first place. “Who is this officer? Ask him to appear before the court,” Justice Satish Kumar said to a Special Government Pleader.

However, despite the fact that the Commissioner issued the orders last month, advocate Richard Wilson, who represents the brick kiln owners, stated that the kilns had not begun operations because the electricity supply had not been restored. Mr. Mohan, on the other hand, claimed that brick transportation had occurred on a regular basis in the valley.  

    After hearing the plea, the judges decided to rule on the matter on January 19 after reviewing the Commissioner’s entire order.