M/S. Beach Mineral Company Pvt. Ltd. v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 27.01.2025 PRONOUNCED ON : 17.02.2025
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN W.P.(MD).Nos.510, 511, 571, 572 and 9530 of 2017 M/s.Beach Mineral Company Private Limited, Rep by Managing Director, Mr.Harihara Mahadevan, 31-2, Halls Road, Egmore, Chennai - 600 008, Tamil Nadu.
... Petitioner Vs.
1.The State of Tamil Nadu, Rep by The Chief Secretary of Government, 2.The Secretary to Government, Industries Department, 3.The Commissioner of Customs, Customs House New Harbour Estate,
Tuticorin - 628 004.
4.The Member Secretary, Tamil Nadu Pollution Control Board (TNPCB), Panagal Maaligai, 76, Mount Salai, Guindy, Chennai - 600 032.
5.Principal Secretary, Ministry of Environment and Forests, [R4 & 5 are impleaded vide order dated 12.11.2021 in W.P.(MD).No.510 of 2017] ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari, calling for the records of the 3rd respondent in Public Notice No.50/2016 in respect of petitioner and quash the same.
For Petitioner : Mr.Puhazh Gandhi For Respondents : Mr.Aravind P.Datar, Senior Counsel asst by Mr.B.Vijay, Additional Government Pleader (for R1,2&5) Mr.B.N.Suchindran, Standing counsel (for R4) COMMON ORDER S.M.SUBRAMANIAM, J.
The Writ Petitions have been instituted challenging the Public Notice No. 50 of 2016 issued by the Commissioner of Customs, Thoothukudi.
2. The District Collector Tirunelveli, forwarded Minutes of the District level committee meeting by the letter dated 09.11.2016 requesting the Assistant Commissioner to insist on certain documents issued by the State Authorities, before allowing BSM for export. Consequently, Public Notice No. 50/2016 was issued by the Commissioner of Customs, Thoothukudi, directing the exporters of minerals for production of necessary certificate/ Documents namely Certificate of legally mined minerals from the concerned District Collector/ Transport permits along with bulk permits, certifying the legal source of BSM brought to the Customs area for export.
3. Challenging the trade facility issued by the Commissioner of Customs, Cochin, M/s. V.V Mineral filed WP(C).No.650 of 2017 before the High Court of Kerala and the Writ petition was dismissed on 26.07.2018. The Writ Appeal filed in W.A.No.1724 of 2018 was dismissed by the Division Bench on 03.09.2018. The Special Leave Petition filed by M/s. V.V Mineral in S.L.P. (C) No.2775 of 2019 has been dismissed by the Hon'ble Supreme Court as withdrawn on 20.2.2020. Thus, the Division Bench Judgment of Kerala High Court attained finality. Therefore, no further adjudication needs to be undertaken in respect of the issues raised by the Writ Petitioners.
4. Accordingly, the Writ Petition in W.P.(MD).Nos.510, 511, 571, 572 and 9530 of 2017 stands dismissed. Consequently, the connected Miscellaneous Petitions, if any, are closed. No costs.
[S.M.S., J.] [M.J.R., J.] 17.02.2025 Index: Yes/No Speaking/Non-speaking order gd
To 1.The Chief Secretary of Government, 2.The Secretary to Government, Industries Department, 3.The Commissioner of Customs, Customs House New Harbour Estate, Tuticorin - 628 004.
4.The Member Secretary, Tamil Nadu Pollution Control Board (TNPCB), Panagal Maaligai, 76, Mount Salai, Guindy, Chennai - 600 032.
5.Principal Secretary, Ministry of Environment and Forests,
S.M.SUBRAMANIAM, J.
AND M.JOTHIRAMAN, J.
gd 17.02.2025