S.MANIKUMAR
Poonamallee Circle, River and Lorry Owners Assn – Appellant
Versus
Secretary to Government, Industries Department, State of Tamil Nadu – Respondent
1. Poonamallee Circle River Sand Lorry Owner’s Association, Tiruvallur Central District, represented by its President, has filed this writ petition for a mandamus, directing the respondents 1 to 4 to take appropriate action against 5th respondent, Mr. M. Palanisamy and his men from selling river sand by setting up stockyard, without obtaining a dealer licence from the competent authority, as required by Rule 38-A of the Tamil Nadu Minor Mineral Concession Rules, 1959 (hereinafter referred to “the Rules”) and also prayed for a direction to the respondents 1 to 4, to enable the members of the Association to purchase river sand, directly from PWD, at quarry pits mouth.
2. The President of the petitioner’s Association, on behalf of others, has contended that members of the Association are operating lorries, exclusively for transporting construction materials, like sand, savudu and jelly and supplying the same, to the building contractors and individual public, depending upon their requirements. As far as sand is concerned, since 1.10.2003, quarrying operation is done by Public Works Department, since 1.10.2003, onwards, pursuant to the introduction of Section 38-A of the Tamil Nadu
M. Palanisamy v. The State of Tamil Nadu (2012) 5 MLJ 513 [Paras 39,45
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