1. These writ petitions have been filed by the petitioners, who are stated to be the dealers in river sand, for a direction to forbear the respondents, the District Collector and the Assistant Director of Geology and Mining of various Districts from insisting the petitioners and their customers, either to obtain transport permits or to get mentioning of the final place of destination in the bills issued by the Public Works Department, to transport the processed or filtered or raw sand from the stockyard of the petitioners to the place of destination of the petitioners’ purchasers.

2. Their grievance is that, they are purchasing the sand from the Public Works Department and transporting the same based on the bills issued by the said Department and the petitioners are using labour for processing the sand with mechanized filters for removal of stone dust and unwanted elements, making the sand fit for construction. They are owning or hiring vehicles for transporting the sand, which is stated to have been purified or processed, to the destination of purchasers at their choice with the bills issued by the petitioners after paying the sales tax to the Government of Tamil Nadu.

3. As per Rule 36(5)(b) of the Tamil Nadu Minor Mineral Concession Rules, 1959, which is as follows:

"36.General restrictions in respect of quarrying operations.-

(1) to (4) xxxxx

(5) (a) and (aa) xxx

(5) (b). The quarrying permit-holder or the lessee shall remove, or allow removal and transportation of any mineral from the area where quarrying is permitted only after obtaining bulk transport permit and facsimiled despatch slips in the Forms prescribed [in Appendices XII, XII-A and XIII, XIII A to these rules from the officer authorised in this behalf by the State Government, District Collector] or the District Forest Officer, as the case may be. The person who has been permitted to quarry in any area or his men, in turn, shall issue the facsimiled despatch slips to the vehicles used for removal or transportation of the mineral furnishing the particulars in the despatch slips specifically indicating the vehicle number, the quantity of the mineral allowed to be transported by the vehicle by using that despatch slip and the time of issue of the despatch slip to the vehicle. All the vehicles used for transporting any mineral from any area shall be in possession of the individual despatch slips for the quantity of the minerals available in the vehicle at all the times of transportation of the mineral by the vehicles:

Provided that the vehicles used for transporting any mineral free of charge for bonafide domestic or agricultural purpose shall have a letter of authorisation from the person for whose use the mineral is intended and the vehicle driver or owner shall be responsible for establishing the bonafide transport of the mineral for such purpose when called upon to do so."

the permit holder shall transport minerals only after obtaining bulk transport permit and facsimile dispatch slips. Consequently, the person who has been permitted to quarry or his men shall issue facsimile dispatch slips for the vehicles used for removal or transportation of mineral, specifically indicating in the dispatch slips the vehicle number, quantity of mineral allowed to be transported, etc.

4. By virtue of the amendment introduced by incorporating Rule 38-A from 01.10.2003, which is as follows:

"Rule 38-A. Quarrying of sand by the State Government.-

Notwithstanding anything contained in these rules, or any order made or action taken hereunder or any judgment or decree or order of any Court, all existing leases for quarrying sand in Government lands and permissions/leases granted in ryotwari lands shall cease to be effective on and from the date of coming into force of this rule and the right to exploit sand in the State shall vest with the State Government to the exclusion of others. The proportionate lease amount for the unexpired period of the lease and the unadjusted seigniorag