M/S.Srinivasa Transport, Rep. v. The Dist Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.01.2018
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No. 50354 of 2006 M/s. Srinivasa Transport, represented by its Proprietor Mr.D.Vasudevan ... Petitioner Vs.
1. The District Collector Thiruvallur District, O/o The Collectorate Thiruvallur.
2. The Assistant Director Geology and Mining O/o The Collectorate Thiruvallur.
3. The District Collector Kancheepuram District O/o The Collectorate Kancheepuram.
4. The Assistant Director Geology and Mining O/o The Collectorate Kancheepuram.
5. The Tahsildar Poonamallee Taluk Office Poonamallee.
.. Respondents Prayer:
Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondents from insisting the petitioner and the petitioner's purchasers/customers either to obtain transport permits or to get mentioning of the final place of destination in the bills issued by the P.W.D., to transport the processed/filtered sand from the stock yard of the petitioner at Survey No.609, Plot No.4, M.S.Viswanathan Nagar, Poonamallee, Chennai-600 056, Thiruvallur District over an extent of 2490sqft., to the place of the petitioner's purchaser / customer's destination.
For Petitioner : No Appearance For Respondents : Mr.E.Manoharan Additional Government Pleader
O R D E R
The relief sought for in this writ petition is to forbear the respondents from insisting the petitioner and the petitioner's purchaser's/customers either to obtain transport permits or to get mentioning of the final place of destination in the bills issued by the P.W.D purchasers to filter sand from the stock yard of the petitioner in respect of property in Survey No.609, bearing Plot No.4, M.S.Viswanathan Nagar, Poonamallee, Chennai-600 056, Thiruvallur District measuring an extent of 2490 sqft., to the place of the petitioner's purchaser's/customer's destination.
2.
The transport permits are required in accordance with the statutory Rules in force and necessary permissions have to be obtained before transporting the sand or goods from one place to another place. The mandatory Rules prescribed under the Act and Rules can never be waived and the bereft of waiver can be granted only on exceptional circumstances under the provisions of the Act.
3.
In all such circumstances, the persons, who are involving in such activities, like transporting sand or other things have to obtain necessary permission from the Government or Competent Authorities, and this Court, therefore, is not in a position to consider the case of the writ petitioner in relation to the prayer sought for. No such relief as sought for in this Writ Petition can be granted and it is brought to the notice of the Competent Authorities to issue such permits in accordance with the provisions of the Act and the Rules. 4.
With these observations, the writ petition stands dismissed.
Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar msm
To
1. The District Collector Thiruvallur District, O/o The Collectorate Thiruvallur.
2. The Assistant Director Geology and Mining O/o The Collectorate Thiruvallur.
3. The District Collector Kancheepuram District O/o The Collectorate Kancheepuram.
4. The Assistant Director Geology and Mining O/o The Collectorate Kancheepuram.
5. The Tahsildar Poonamallee Taluk Office Poonamallee.
+1cc to the Government Pleader, S.R.No. 4823 W.P.No. 50354 of 2006 SS(CO) TR(15/03/2018)