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Legal Review by
Edited by
Updated by
Published on
March 24, 2022
May 17, 2022
Edited on
March 24, 2022
Brick manufacturers in Thadagam valley are demanding the government to reopen the 186 brick kilns that were shut down by the district administration for flouting environmental norms. The kilns were allegedly involved in rampant earth mining in the eco-sensitive valley in Coimbatore district and were operating without proper licences as per norms laid out in the Tamil Nadu Minor Mineral Concession Rules. In April 2021, the Madras High Court ordered the state to take immediate measures to crack down on illegal brick kilns.
According to S. Gopi, organiser of Coimbatore District Brick Manufacturers'’ Welfare Association, the closure of the brick kilns has affected the livelihood of nearly 1.5 lakh people.
Over the years, there have been reports of brick kiln owners resorting to threats and violence. On January 2, 2021, a 17-year-old girl, activists G. Mohanraj alias Mac Mohan and Thadagam S. Ganesh and his eight-year-old son were attacked by brick chamber owner V.K.V. Sundararaj and a few of his men when the former visited the Anuvavi-Karupparayan stream on the northern side of Kalaiyanur village 'for research purposes'. They were allegedly gheraoed when they started looking for their drone camera, which they reported to be 'missing'. Sundararaj and his men accused them of taking photographs of the closed brick chamber and reportedly attacked all four. When the girl's father later reached the spot, he, too, was attacked. Later, the police registered a case against Sundararaj and his men for rioting, voluntarily causing hurt and intimidating but also booked the four victims for trespassing.
In 2019, TMS Rajendiran, a 70-year-old farmer, alleged that a brick kiln owner had issued death threats to him and his family after he filed a writ petition at the Madras High Court asking for the closure of over 200 illegal brick kilns operating in Chinna Thadagam and surrounding villages. Rajendiran was supported in his petition by Ganesh, who also alleged similar threats.
The petition stated that at least 4,000 truck loads of red sand were being illegally removed every day across Coimbatore. “Around 4,000 tonnes of wooden branches are being burnt along with bad quality coal, rubber, cashew, coconut and palm tree leaves. The toxic fumes have affected health. Further, the dust from the trucks collecting red sand has been settling on the trees and houses and causing breathing issues among residents. The illegal operations of these brick chambers have also affected the drinking water in the villages,” the petition said.
In a hearing on September 22, 2021, the National Green Tribunal directed the Coimbatore Collector, Tamil Nadu Pollution Control Board and the Department of Mining and Geology to file independent statements regarding the action taken against the violations.
Ganesh, coordinator of the Thadagam Valley Mineral Wealth Protection Committee, told LCW that over 9,500 acres of land were exploited by illegal mining. “This is thrice the area of Bhavanisagar dam. All the rainwater gets stagnated within these illegal mines. As a result, only limited water reaches the reservoirs, and agriculture is affected.” He further said that animals, including elephants, have started entering into residential areas as their habitats have been destroyed. “Hundreds of heavy vehicles plying between the illegal mines and the brick kilns led to a lot of dust pollution in the locality. But with the brick kilns closed now, we are able to breathe freely,” he added.
Opposition against environmental degradation
Complaint against procedural violations
Demand by manufacturers to reopen brick kilns as 1.5 lakh workers affected by their closure
Rural
Common and Private
Forest and Non-Forest, Non-Forest (Other than Grazing Land)
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
Type of investment:
Year of Estimation
Page Number In Investment Document:
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
Yes
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Violation of environmental laws
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
National Green Tribunal
Case Number
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Blackmail/threats/intimidation
Physical attack
Whether criminal law was used against protestors:
Yes
Reported Details of the Violation:
A 17-year-old girl, two activists and an eight-year-old boy were reportedly attacked by brick chamber owner V.K.V. Sundararaj and a few of his men when the former visited the Anuvavi-Karupparayan stream on the northern side of Kalaiyanur village 'for research purposes'. They were allegedly gheraoed when they started looking for their drone camera, which they reported to be 'missing'. Sundararaj and his men accused them of taking photographs of the closed brick chamber. When the girl's father later reached the spot, he too was attacked. In 2019, TMS Rajendiran, a 70-year-old farmer, alleged that a brick kiln owner had issued death threats to him and his family after he filed a writ petition asking for the closure of over 200 illegal brick kilns operating in Chinna Thadagam and surrounding villages.
Date of Violation
January 1, 2022
Location of Violation
Thadagam
Nature of Protest
Campaigns (grassroots organisations/press releases/media)
Complaints/petitions/letters/memorandums to officials
Protests/marches
Development of a network or collective
Government Departments Involved in the Conflict:
Coimbatore Local Planning Authority, Forest Department, Revenue and Disaster Management Department, Geology and Mining Department, Tamil Nadu Pollution Control Board, State Environmental Impact Assessment Authority, Hill Area Conservation Authority, Water Resources Department, Public Works Department, District Rural Development Agency
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Large craters are found in places where red earth was mined by brickmakers in Thadagam valley
Image Credit:
Thadagam S. Ganesh
Image Credit:
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