IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

W.P.No.1343 of 2022

SSS Enterprises

Rep. by its Partner P.Sankar,

No.9, Margaral Village,

Walajabath Taluk,

Kanchipuram - 631 603.

...Petitioner

Vs.

1.

The District Collector,

Kanchipuram District,

Kanchipuram.

2.

The District Collector,

Thiruvannamalai District,

Thiruvannamalai.

3.

The District Collector,

Thiruvallur District,

Thiruvallur.

4.

The District Collector,

Chengalpet District,

Chengalpet.

5.

The District Collector,

Chennai District,

Chennai.

6.

The Assistant Director of Geology and Mining,

Office of the District Collector,

Kanchipuram District.

7.

The Assistant Director of Geology and Mining,

Office of the District Collector,

Thiruvannamalai District,

https://hcservices.ecourts.gov.in/hcservices/

8.

The Assistant Director of Geology and Mining,

Office of the District Collector,

Thiruvallur District.

9.

The Assistant Director of Geology and Mining,

Office of the District Collector,

Chengalpet District.

10. The Assistant Director of Geology and Mining,

Office of the District Collector,

Chennai District. ...Respondents

Petition filed under Article 226 of the Constitution of

India to issue a Writ of Mandamus directing the respondents not

to insist the transit pass from the manufacturing unit to the

point of end user to carry the processed minerals in the public

transport.

For Petitioner : Mr.S.Mahveer Shivaji

For Respondents: Mr.B.Vijay, AGP

ORDER

The petitioner has filed this petition for a direction to

the respondents not to insist on transit pass for the movement

of processed minerals in public transport from the manufacturing

unit to the point of end user.

2. The case of the petitioner is that the petitioner firm is

running a production unit, which started functioning in the year

2019 and it is manufacturing and trading in M-sand, aggregates

from jaw crusher, cone with VSI crusher etc., after getting all

the necessary approvals from the appropriate department.

Whileso, the respondents are continuously insisting upon transit

permit for carrying the processed minerals/goods from the

petitioner unit to the end consumer and they are preventing

carrying of goods in the absence of a transit permit. Aggrieved

by the action of the respondents in insisting transport permits,

the petitioner made a representation dated 06.01.2022 before the

respondents, and as no orders have been passed till date the

present writ petition has been filed.

3. Learned counsel appearing for the petitioner submitted

that the Government of Tamil Nadu, in their letter

No.515411/M2/B6-11, dated 26.05.88, Industries (M2) Department,

has directed that the production of transit permit need not be

https://hcservices.ecourts.gov.in/hcservices/

insisted upon for the transport of processed minerals. He

further submitted that, the Hon'ble High Court of Madras in

W.P.No.28715 of 2007, vide order dated 30.08.2007 has held that

the transportation of processed minerals, from crushing units to

the purchaser's point, need not be necessarily be carried under

any permit and it is sufficient that if necessary valid bills

were carried along with the vehicle.

4. It is the further submission of the learned counsel that

the mineral, once it is crushed, it no longer retains the

character of a mineral and, therefore, insistence of transport

permit for carrying the said end products to the consumers is

wholly unsustainable. Hence, he prays that this Court may issue

direction to the respondents to permit the petitioner firm to

transport the processed minerals from the manufacturing unit to

the end users without transit pass and permits.

5. Learned Additional Government Pleader appearing on behalf

of the respondents submitted that, though it is t