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2012 Supreme(Mad) 1078
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE VINOD K. SHARMA
Sri Kasi Vishalakshi Hallow Blocks Rep. By its Proprietor I. Elumpooran
Versus
The State of Tamil Nadu Rep. by its Secretary, Industries Department & Others
Writ Petition No.27704 of 2011 & M.P.No.1 of 2011
Decided On : 28-02-2012
For the Petitioner:C. Prakasam, Advocate.
For the Respondents: R. Ravichandran, A.G.P., P. Karthikeyan, G.A.
The central legal point established is that the rules do not prohibit any mode of transportation as long as there is a valid permit, and restrictions on the use of machinery cannot be imposed based on potential misuse.
Headnote:
Mandamus - Inclusion of Name in Bills for Sand Purchase - Tamil Nadu Minor Mineral Concession Rules, 1959 - 36-A(6), 38-C - The court held that the petitioner is entitled to use JCB machine within the specified compound for loading sand in transport vehicles with valid permits, despite restrictions on using machinery in river beds. The rules do not bar any mode of transportation as long as there is a valid permit, and misuse of machinery cannot be a ground to impose restrictions on the petitioner's trade and practice.
Fact of the Case:
The petitioner, a dealer in sand, sought a writ of mandamus to include their name in sand purchase bills and permit the use of JCB for loading and unloading sand. The State opposed, citing violation of Tamil Nadu Minor Mineral Concession Rules, 1959.
Finding of the Court:
The court directed that the petitioner is entitled to use JCB machine within the specified compound for loading sand in transport vehicles with valid permits. Any misuse of machinery or transportation without valid permits would be subject to action as per the rules.
Issues: The main issue was whether the petitioner could use JCB for loading and unloading sand and transport it using bullock carts and tractors, despite restrictions under the Tamil Nadu Minor Mineral Concession Rules, 1959.
Ratio Decidendi: The court held that the rules do not prohibit any mode of transportation as long as there is a valid permit, and misuse of machinery cannot be a ground to impose restrictions on the petitioner's trade and practice.
Final Decision: The writ petition was disposed of with the direction that the petitioner is entitled to use JCB machine within the specified compound for loading sand in transport vehicles with valid permits. Any violation of the rules would be subject to action by the respondents.
1. The petitioner has approached this Court with the prayer for issuance of a writ in the nature of mandamus, directing the Executive Engineer, Public Works Department, Vellore District to include the name of the petitioner in the bills on purchase of sand from the respondents No.4 and 5 Government sand quarry and permit the petitioner to use JCB for loading and unloading sand in vehicle, i.e. Lorry, bullock carts and tractors at the petitioner's stockyard situated in S.F.No.89/2 (Part) extent of 0.22.5 Hectare in 36 cents in Vavvivedu village, Walaja Taluk, Vellore District (Main) and S.No.23/1B to the extent of 99 cents, Sanampattarai road, Gudimallurvillage, Anaicut road via, Walaja Taluk, Vellore district and S.F.No.161/6-A and S.F.No.161/6-B, Gudimallur Village, Walaja Taluk, Vellore District (branch).
2. The petitioner is a dealer in sand and other building materials and registered with the sales tax department under Tamil Nadu General sales tax (VAT) 2006. The petitioner is purchasing sand from Public Works Department and is transporting it with valid bills issued by the Public Works department to the leasehold land and own land stockyard of the petitioner. The petitioner owns a vehicle and also hiring vehicles for transporting sand. The sand is processed, purified, filtered and raw sand is being purchased by the intending buyers and transporting to the destination of the purchaser's choice on a valid bills issued by the petitioner after paying necessary tax to the Government of Tamil Nadu.
3. The case of the petitioner is that the respondents are not permitting the petitioner to use JCB for loading and unloading of sand and also not permitting use of Bullock cart and Tractor etc. for transporting sand in arbitrary manner. Therefore, prays for issuance of a writ in the nature of mandamus as referred to above.
4. The writ petition is opposed by the State, on the ground that the relief claimed is in violation of Rules 36-A(6) and 38-C of the Tamil Nadu Minor Mineral Concession Rules, 1959 which read as under:
"36-A(6): No machinery shall be used for quarrying sand from river beds, except with the permission of the Secretary to Government, Industries Department or any other authority or Officer, as may be authorised by him in this behalf, who may grant such permission if use of such machinery will not be detrimental to ecology."
38-C. Storage and transportation of sand (1)(a) No person shall transport sand without a valid transport permit issued by the Public Works Department or without a sale slip of Licensee duly authenticated by the taluk headquarters Deputy Tahsildar of the jurisdiction from which the sand is transported.
(b) No person shall stock sand for sale in any place without a valid licence.
(2)(a) No person shall transport sand in any vehicle from the quarry of the Public Works Department without a transport permit issued by the Public Works Department as in Appendix-XVII.
(b) No person shall transport sand in any vehicle from the stockyard without the sale slip issued by the Licensee as in Appexdix-XVIII and duly authenticated by the taluk headquarters Deputy Tahsildar as in Appendix-XIX.
(3) Any person who intends to store sand for sale shall make an application for grant of licence in the Form in Appendix-XX to the District Collector concerned:
Provided that if any person who has stored sand for the purpose of sale on the date of coming into force of this Rule shall apply to the District Collector in the said form for grant of licence for the purpose of this Rule within sixty days from the date of coming into force of this Rule.
(4) The person who makes an application as in Appendix-XX for the grant of licence, shall remit a non-refundable application fee of Rs.5000/-(Rupees Five Thousand only) to the District Collector concerned.
(5) On an application made provided that where the application is not complete in all material particulars, or is not accompanied by the required documents, th
