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Madras High CourtWP/16267/2007dismissed

T.S.Mohan v. The District Collector

2018-07-09Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.07.2018

CORAM

THE HONOURABLE MR.JUSTICE.M.DHANDAPANI W.P. No.16267 of 2007 T.S.Mohan .. Petitioner Vs.

1.The District Collector, Nilgiris District, Nilgiris.

2.The Assistant Director of Geology and Mining, Nilgiris.

3.The District Collector, Coimbatore District, Coimbatore.

4.The Assistant Director of Geology and Mining, Coimbatore.

5.The Thasildar, O/o.The Thasildar, Mettupalayam, Coimbatore District.

.. Respondents Prayer: Writ petition is 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 the petitioner's customers to obtain transport permits to transport the processed/filtered sand and other minerals from the petitioner's stockyard to the place of the petitioner's purchasers destination which are in the District of Nilgiris and Coimbatore.

For Petitioner : Mr.S.Saravanan For Respondents : Mr.K.Ravikumar, Additional Government Pleader for R1 to R5

ORDER

This writ petition has been filed by the petitioner praying for issuance of a writ of prohibition prohibiting the respondents from insisting him and his customers to obtain transport permits to transport the processed/filtered sand and other minerals from his stockyard to the place of his purchasers destination which are in the District of Nilgiris and Coimbatore.

2.The issue raised in this writ petition is no longer exist since the entire sand quarry has been taken over by the Government. More over, even under the Mines and Minerals (Regulation and Development) Act, transport permit is necessary for moving the vehicle from one place to another. Without any valid permit, no one is entitled to transport the sand quarry and other minerals to other places. Therefore, I do not find any merit in this writ petition and the same is dismissed. No costs. Sd/- Deputy Registrar(CS) //True Copy// Sub Assistant Registrar vga To 1.The District Collector, Nilgiris District, Nilgiris.

2.The Assistant Director of Geology and Mining, Nilgiris.

3.The District Collector, Coimbatore District, Coimbatore.

4.The Assistant Director of Geology and Mining, Coimbatore.

5.The Thasildar, O/o.The Thasildar, Mettupalayam, Coimbatore District.

+1cc to Mr.S.SARAVANAN, Advocate, S.R.No.44637 +1cc to the Government Pleader, S.R.No.45309 W.P.No.16267 of 2007 TR(19/07/2018)