Aruna Blue Metals (M.Sand And P.Sand) v. The Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P. No. 28894 of 2021 Aruna Blue Metals (M.Sand & P.Sand), Rep.by its Managing Partner, K. Senthil Kumar, S.F. No.275, Thiruneermalai Village, Pallavaram Taluk, Kancheepuram District.
... Petitioner
Versus
1.The Collector, Kancheepuram, Kancheepuram District.
2.The Assistant Director of Geology & Mining, O/o. The Collector, Kancheepuram.
3.The Collector, Chengalpattu, Chengalpattu District.
4.The Assistant Director of Geology & Mining, O/o. The Collector, Chengalpattu.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India 1/5
for issuance of a Writ of Mandamus, to forbear the respondents from in any way interfering in any manner with the petitioners right to manufacture and to produce / to process C.S.Sand in Consonance with the policy of the Government and at par with the standard / Specification along with the conditions imposed by the PWD Authorities in their certificate of product of Approval so as to transport or sale of the processed / pulverized M-Sand, P- Sand as well as slit either in bulk or in bag to the place of its customers / Purchasers from the manufacturing unit / Godown of the Petitioner, comprised in S.F.No. 275 Thiruneermalai Village, Pallavaram Taluk, Kancheepuram District.
For Petitioner : Mr. C.P. Arivudainambi For Respondents : Mr. L.S.M. Hasan Fizal, Additional Government Pleader.
ORDER
The petitioner is seeking a Writ of Mandamus to forbear the respondents from insisting the petitioner or their customers/purchasers on transit passes/transport permits for transporting M-Sand & P-Sand; allow the petitioner to transport their processed minerals/sand without any additional documents, and ensuring that their business operations run smoothly.
2. The facts of the case are that The petitioner is engaged in 2/5
manufacturing/producing crushed stone sand, commercially known as MSand and P-Sand at their manufacturing unit/godown is situated in S.F.No.275, in Thiruneermalai Village Pallavaram Taluk, Kancheepuram District after obtaining necessary certificates from the Public Works Department (PWD). According to the petitioner, he has invested heavily in producing M-Sand and P-Sand. However, the respondents official frequently interfere with the petitioner's business, demanding and insisting valid permits from the petitioner/customers/purchasers to transport the sand. Aggrieved by the same, the present writ petition is filed.
3. Heard the learned counsel for the petitioner as well as the learned counsel appearing for the respondents.
4. According to the Tamil Nadu Prevention of illegal Mining and Transportation and Storage of Minerals and Mineral Dealers Rules, 2011, transporting sand requires permission. As per Rule 18 of the said rule, without having valid permission, transporting sand will be in violation of permit conditions. Hence, this Court feels that the prayer sought in this writ petition is liable to be dismissed.
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5. Accordingly, the Writ Petition is dismissed without any order as to costs. consequently, the connected miscellaneous petition is also closed. 20.09.2024 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order klt To 1.The Collector, Kancheepuram, Kancheepuram District.
2.The Assistant Director of Geology & Mining, O/o. The Collector, Kancheepuram.
3.The Collector, Chengalpattu, Chengalpattu District.
4.The Assistant Director of Geology & Mining, O/o. The Collector, Chengalpattu.
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M.DHANDAPANI, J., klt and W.M.P.No.28894 of 2021 20.09.2024 5/5