So long as a loader does not misuse his position of trader or transporter, he can be a loader.

(PRAYER in W.P.Nos.12934 and 12935 of 2005: Petition filed under Article 226 of the Constitution, praying for a writ of mandamus directing the first respondent to permit the members of the petitioner-association in W.P.No.12934 of 2005 and the petitioner in W.P.No.12935 of 2005 to directly load the sand from the quarry under the supervision of the staff of Public Works Department on receiving the cost of the sand from the petitioners by dismantling the stockyard set up by the 6th respondent located within 1 km from the Palar river bed in Padalam, Kancheepuram.

PRAYER in W.P.No.19053 of 2005: Petition under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the first respondent to abolish the system of appointment of loaders and permit traders to directly load the sand from the quarry under the supervision of the staff of Public Works Department on receiving the cost of the sand from the traders by dismantling the stockyard set up by the loaders in 18 places.)

COMMON ORDER

The Honourable Chief Justice

These three writ petitions deal with a common question regarding the loading system adopted by the Public Works Department of the Tamil Nadu Government.

2. The petitioner in W.P.No.12934 of 2005 is Aminjikarai Lorry Owner’s Welfare Association, which is registered under the Societies Registration Act, and claims to be formed to espouse the cause of the lorry owners in the State of Tamil Nadu involved in sand business.

3. Sand is a minor mineral under the Mines and Mineral (Regulation and Development) Act, 1957. The Government of Tamil Nadu framed rules known as Tamil Nadu Minor Mineral Concession Rules, 1959 which inter alia deals with sand which is a minor mineral. Since, there were complaints of indiscriminate quarrying of the sand in the river systems of Tamil Nadu a Public Interest Litigation was filed before the High Court which by its order dated 26.07.2002 directed the State Government to constitute a High Level Committee of experts consisting of Geologists, environmentalists and scientists to study the impact of sand quarrying in river systems. Pursuant to this order the Government of Tamil Nadu in its Governmental Order in G.O.2(d)No.46, Industries Department, dated 25.09.2002 constituted a six member High Level Committee. The said Committee made an extensive tour of Tamil Nadu and inspected all the riverbeds and submitted a detailed report before the High Court.

4. Pursuant to this Report the Government of Tamil Nadu issued G.O.Ms.No.95, Industries (MMC.1) Department, dated 01.10.2003 which reads as follows:-

GOVERNMENT OF TAMIL NADU

ABSTRACT

Mines and Quarries - Minor Mineral - Tamil Nadu Minor Mineral Concession Rules, 1959 - Introduction of Rule - 38 A Amendment to Tamil Nadu Minor Mineral Concession Rules, 1959 - Notification - Issued.

INDUSTRIES (MMC1) DEPARTMENT

G.O.Ms.No.95

DATED:1.10.2003

Read:

G.O. 2(D) No.46,Industries Department dated 25.9.2002

ORDER:

Taking cognizance of the indiscriminate quarrying in the river systems of Tamil Nadu in a public interest litigation, the Hon'ble High Court in their order dated 26.7.2002 had directed the State Government to constitute an Expert Committee consisting of geologist, environmentalist and scientists to study the river and river beds in the State with reference to the impact of sand quarrying. Accordingly the Government in the G.O. read above constituted a six member High Level Committee. The Committee after extensive touring of the State has submitted its report to the Government. A copy of the report has been furnished to the Hon'ble High Court. The High Court had while ordering the Government to constitute the High Level Committee also directed :-

“ The Government on receipt of the report from the Committee shall act in conformity with the Guidelines and take all necessary further steps to arrest the exploitation and to protect and improve the situation and restore status quo-ante. The Government shall pass suitable regul