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Madras High CourtWP/10881/2008dismissed as infructuous

T. Selvarajan v. The District Collector

2018-06-11Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.06.2018

CORAM

THE HONOURABLE MRS. V. BHAVANI SUBBAROYAN WP.No.10881 of 2008 and M.P.No.1 of 2008 T. Selvarajan Proprietor of S.S.Traders Pollachi, Coimbatore District.

... Petitioner Vs.

1. The District Collector, Coimbatore District, Coimbatore.

2. The District Collector, Salem District, Salem.

3. The District Collector, Karur District, Karur.

4. The District Collector, Erode District, Erode.

5. The District Collector, Nilgiris District.

Nilgiris.

6. The Tahsildar, Pollachi, Coimbatore District.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Prohibition, prohibiting the respondents from insisting the petitioner and his customers either to obtain transport permits to get mentioning of the final places of destination in the bills issued by the Public Works Department to transport the processed filtered sand from the stockyard of the petitioner comprised in S.F.Nos.183, 184, 185 to an extent of 2.39, 2.13, 1.32 Punjai

Hectares respectively situated at Ravanapuram Village, Udumalpet Taluk, Coimbatore District, to the place of the petitioner's purchasers destination.

For Petitioner : Mr.N.Umapathi For Respondents : Mr.R.S.Selvam Additional Government Pleader

O R D E R

The writ petitioner has filed this writ petition to issue a Writ of Prohibition prohibiting the respondents from insisting the petitioner and his customers either to obtain transport permits to get mentioning of the final places of destination in the bills issued by the Public Works Department to transport the processed filtered sand from the stockyard of the petitioner comprised in S.F.Nos.183, 184, 185 to an extent of 2.39, 2.13, 1.32 Punjai Hectares respectively situated at Ravanapuram Village, Udumalpet Taluk, Coimbatore District, to the place of the petitioner's purchasers destination.

2. It is seen that the petitioner has filed this writ petition on the ground that he was given permission as a Dealer of sand, by the Respondents which firm was registered with Sales Tax Department of Tamil Nadu General Sales Tax vide Tax Payer Identification No.(TIN) 33822282972 and he was purchasing sand from the Public Works Department and transporting the same with valid bills from various branches to all the customers in various Districts. The Respondent is insisting the petitioner and his customers either to obtain permits to get mentioning of the final places of destination in the bill issued by the Public Works Department. Since the Government has canceled the private permits, and the Government itself is selling the sand to all the public, this petition has become infructuous and nothing survives for adjudication in this writ petition.

3. Accordingly, the writ petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar msm

To

1. The District Collector, Coimbatore District, Coimbatore.

2. The District Collector, Salem District, Salem.

3. The District Collector, Karur District, Karur.

4. The District Collector, Erode District, Erode.

5. The District Collector, Nilgiris District, Nilgiris.

6. The Tahsildar, Pollachi, Coimbatore District.

+1cc to the Government Pleader, S.R.No.36567 WP.No.10881 of 2008 gmr(co) cs/22/06/18