1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.01.2011 CORAM THE HONOURABLE MR.JUSTICE V.DHANAPALAN W.P.No.154 of 2011 and M.P.No.1 of 2011 S.Philip S/o.Samuvel 128/54A-1 Kollam Main Road, Shencottah Tirunelveli District. ... Petitioner vs. 1.The Secretary to Government Mines and Minerals, Secretariat, Chennai. 2.The District Collector, Tirunelvelli District Tirunelveli. 3.The Assitant Director Department of Geology and Mining, GF301 Tirunelveli District, Tirunelveli. 4.The Superintendent of Police, Tirunelveli District, Tirunelveli. ...Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus to forbear the respondents herein and their men from preventing the petitioner from Transporting Crusher dust from Tamilnadu to Kerala through Puliyarai Check Post at Shencottah Taluk, Tirunelveli District. For Petitioner : Mr.R.Vijayakumar For Respondents : Mr.R.Janakiramulu Special Government Pleader O R D E R By consent the Writ Petition itself is taken up for final disposal. 2. Heard Mr.R.Vijayakumar, counsel for the petitioner and Mr.R.Janakiramulu, Special Government Pleader for the respondents. 3. A direction has been sought for by the petitioner to restrain the respondents herein and their men from preventing the petitioner from transporting crushing dust from Tamilnadu to Kerala through Puliyarai Check Post at Shencottah Taluk, Tirunelveli District. 4. According to the petitioner, he is a registered dealer under the Sales Tax Act and he is having lorry with valid permit to transport https://hcservices.ecourts.gov.in/hcservices/ 2 crushing dust from authorised mining minerals, while so, when his vehicle was carrying crushing dust to Kerala at Puliyarai Check Post, it was intercepted by the fourth respondent. It is the case of the petitioner that the vehicle is having valid permit and therefore, the authorities have no right to stop the vehicle. 5. In similar circumstances, this Court has passed orders in W.P. (MD) Nos. 12738 to 12741 of 2009 dated 15.12.2009 and W.P.(MD) No.10720 of 2010 dated 19.08.2010, wherein this Court has held as follows: “Considering such circumstances, this Court is constrained to direct the fourth respondent to permit the petitioners to carry out their lawful transport business by transporting crushing dust from the authorised mining quarries and crushing units on condition that the petitioners shall produce necessary permits, the particulars, viz., from where they are removing and transporting the consignment, the place of destination etc. The fourth respondent and his men are entitled to check and thereafter, allow them to proceed further to the respective destination. It is also made clear that if the petitioners are transporting any prohibited items, it is open to the respondents to take any appropriate action in the manner known to law.” 6. Following the same, this Writ Petition is allowed on condition that the petitioner shall produce necessary permits, the particulars, viz., from where they are removing and transporting the consignment, the place of destination etc. The fourth respondent and his men are entitled to check and thereafter, allow them to proceed further to the respective destination. It is also made clear that if the petitioner is transporting any prohibited items, it is open to the respondents to take any appropriate action in the manner known to law. 7. With the above direction, this Writ Petition is allowed. No costs. Consequently connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (T & P) /True copy/ Sub Assistant Registrar(C.S) To 1.The Secretary to Government, Mines and Minerals, Secretariat, Chennai. 2.The District Collector, Tirunelvelli District, Tirunelveli. 3.The Assitant Director, Department of Geology and Mining, GF301 Tirunelveli District, Tirunelveli. 4.The Superintendent of Police, Tirunelveli District, Tirunelveli. + 1 cc to Mr. R.Vijayakumar, Advocate, SR.No.1701 + 1 cc to Special Government Pleader, SR.No.1875 RR W.P.No.154 of 2011 and M.P.No.1 of 2011 18.01.2011 TR : 22.01.2011 : 2p/7c https://hcservices.ecourts.gov.in/hcservices/