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2014 Supreme(Mad) 1618

D.HARIPARANTHAMAN
Sri Veknataramanaswamy Blue Metals – Appellant
Versus
District Collector – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:R. Muthukumarasamy, Senior Counsel for M/s. V. Sanjeevi, Advocate.
For the Respondents:P.H. Arvind Pandian, Additional Advocate General assisted by V. Subbiah, Special Govt. Pleader.

Judgment

1. A common issue that has arisen for consideration in all these writ petitions is as to whether the petitioners, who are granted with quarry lease to quarry Aralai, Jelly and Sholing, are bound to obtain transit pass under the Tamil Nadu Prevention of Illegal Mining, Transportation and Storage of Minerals and Mineral Dealers Rules, 2011, shortly, “the Prevention Rules 2011” to transport crushed stone powder (M-sand) to Kerala ?

2.0. Admittedly, the petitioners were granted quarry lease to quarry Aralai, Jelly and Sholing in patta lands under Rules 19 and 22 of the Tamil Nadu Minor Mineral Concession Rules, 1959 shortly, “the Concessions Rules 1959”. The stones, that have been quarried from the leasehold area, are transported to the crushing units of the petitioners with the transport permits and fascimiled despatch slips issued under the Concession Rules, 1959 after payment of seigniorage fee. In the crushing units, the stones are crushed into various sizes, including crushed stone powder, which is known as M-Sand. They sought to transport the crushed or crusher dust (M-Sand) to Kerala.

2.1. According to the petitioners, there is no prohibition or restriction imposed in an




















































































































































































































































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