Verification of procurement of sand and other materials used for the manufacture of dry mortar mix or fly ash bricks under the Mining Laws is essential for transportation outside the state.

1. CNS HI-Q Hollow & Fly Ash Bricks, a Registered Firm, represented by its Managing Director, has filed this Writ Petition, for a Mandamus, forbearing the respondents, their agents, subordinates, officers and men, from in anyway interfering with them and their customer's right to transport Dry Mortar Mix, Hollow Blocks, Fly Ash, from the factory premises, at Door No.55/68, Ellappanayakkan Valasu, Mathukkampalayam Road, Veerachimangalam Post, Dharampuram Taluk, Tiruppur District, to the place of its purchaser's destination in the State of Kerala, with valid bills, issued by them, through the border check posts, in Coimbatore District, under the control of the respondents.

2. The petitioner, is a partnership firm and according to them, they purchase flyash, gypsum, lime stone, iron oxide, cement, steel, quarry waste, jally, metal sand etc. They manufacture Hollow Blocks, Fly Ash Bricks and Dry Mortar Mix and sell them on wholesale or retail basis. There are two other partners. The Firm has taken land on lease and established a factory, by installing machineries, worth Rs.25,00,000/-. In the factory, 25 persons are employed. Dry Mortar Mix and Fly Ash Bricks are manufactured by mixing the raw materials, referred to above, in the correct proportion, as per the ISI Standard. They also sell the manufactured products to various persons in the States of Tamil Nadu and Kerala. According to the petitioner, they have registered themselves with the Industries and Commerce Department, Sales Tax and Commercial Tax Departments. The seller of the materials pays the statutory dues, sales tax, etc., Similarly, they also pay taxes within Tamil Nadu and in Kerala.

3. The petitioner has further submitted that dry mortar mix is a semi finished product, consisting of various ingredients, as fixed by ISI. The purchaser can utilise the same, for various purposes, after mixing the required quantity of water and it can be used for manufacturing tiles, in construction of buildings and plastering. Hollow blocks and fly ash bricks are finished products. Dry Mortar mix is transported in gunny bags, each weighing 50 kgs., in lorries to various purchasers.

4. It is the case of the petitioner that abovesaid goods are transported to various places, including State of Kerala, without any problem at all other check posts, except, at the check posts situated, at the border of Coimbatore District, while entering Kerala State. Lorries are detained, at the border check posts of Coimbatore District and penalties are imposed by the District Collector, Coimbatore, 1st respondent herein. Lorries are released, only if the penalty is paid or when the FIR registered is quashed. Because of detention of lorries at the check posts of Coimbatore, the transport contractors, owning the lorries, are not willing to accept the contracts to transport Dry Mortar Mix, Hollow Blocks, Fly Ash Bricks, to the State of Kerala, through the Coimbatore District check posts. In these circumstances, the petitioner has filed this writ petition, for the relief, as stated supra.

5. In support of the abovesaid contention, Mr.Thambusamy, learned counsel for the petitioner invited the attention of this Court to the registration certificate, which the petitioner has obtained from the Assistant Commissioner-II, FAC, Commercial Taxes Department, Palani, wherein, the nature of business has been mentioned as manufacturer of dry morter mix and M' Sand, with effect from 17.09.2012. He has also invited the attention of this Court to the interim order made in M.P.No.1 of 2012 in W.P.No.29338 of 2012, dated 05.11.2012, by which, an injunction has been granted, restraining the respondents therein and their subordinates, from interfering with the petitioner therein, and the petitioner's customer's right, to transport and processed crusher material, ie., M.Sand from the crushing unit of the petitioner.

6. Reference has also been made to the orders, made in Crl.O.P.No.29407 of 2012, dated 19.11.2012,