1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.07.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.8193 of 2011 And M.P.(MD).No. 1 of 2011 K.Sadhasivam ... Petitioner -Vs- The Tahsildar Vilavankodu Kanniyakumari District ... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of mandamus forbearing the respondent from insisting upon the transport permit for the transport of second sale sand from Vilathikulam, Thoothukudi District to Kannamamoodu, Kanyakumari District from the petitioner for the construction of hotel premises in S.No. 65/1/B, 65/2 of the Kannamamoodu Junction and not to detain the lorry bearing No. TN-07-6262. For Petitioner : Mr.S.Doraisamy For Respondent : Mr.B.Pugalendhi Special Government Pleader O R D E R The petitioner has sought for a Mandamus forbearing the respondent from insisting upon the transport permit for the transport of second sale sand from Vilathikulam, Thoothukudi District to Kannamamoodu, Kanyakumari District from the petitioner, for construction of a hotel premises in S.No. 65/1/B, 65/2 of the Kannamamoodu Junction and not to detain the lorry bearing No. TN-07-6262. 2. It is the case of the petitioner that he is the owner of a property situated in S.No. 65/1/B, 65/2 of the Kannamamoodu Junction, Vilavankodu Taluk. According to him, he has proposed to construct a hotel in the abovesaid land. He obtained proper permission and approval from the local Panchayat. The work has been entrusted to a Contractor. He has further submitted that as per Rule 36(b) of the Tamil Nadu Minor Mineral Concession Rules 1959, the permit holders or the leasees for quarrying the minerals should only obtain a transport permit and the dispatch slip for the removal of the mineral from the quarry to its destination. However, for the transport of the second sale, no permit is required. It is the further contention of the petitioner that he is entitled to purchase the same as second sale. However, The Tahsildar, Vilavankodu, Kanniyakumari District, has insisted for transport permit as per the Rules and if no permit is obtained, he would detain the lorry. 3. On the above said pleadings, Mr.S.Doraisamy, learned counsel for the petitioner submitted that no physical verification is required to be done by the Tahsildar, and permission should be granted automatically as and when there is a demand for transporting of sand. Place reliance of the decision of this Court in batch of Writ Petitions in W.P.(MD).Nos. https://hcservices.ecourts.gov.in/hcservices/ 2 1251, etc., of 2005, dated 30.09.2005, where a Division Bench of this Court, after considering the amendment to Rule 38(a) of the Tamil Nadu Minor Mineral (Development and Regulation) Act 1957, has held that the respondents therein cannot insist the petitioner's customers, either to obtain transport permit or to indicate the final place of destination in the bills issued by the Public Works Department, to transport the processed/filtered sand from the stockyards of the petitioners, he submitted that no transport permit is required and hence the action of the refusing to issue the same is illegal and arbitrary. 4. Learned counsel for the petitioner further submitted that the petitioner is not a dealer in sand and therefore, no licence is required. This Court is not inclined to subscribe to the contentions of the learned counsel for the petitioner for the reason that in exercise of the power under the Tamil Nadu Minor Mineral (Development and Regulation) Act 1957, the State Government has made amendments to the Tamil Nadu Minor Mineral Concession Rules 1959, and by virtue of the same, added Rule 38 (C) of the said Rule, which states as follows:- "Storage and transportation of sand - (1) (a) No person shall transport sand without a valid transport permit issued by the Public Works Department or without a sale slip of licence duly authenticated by the Taluk headquarters Deputy Tashildar of the jurisdiction from which the sand is transported. (b) No person shall stock sand from sale in any public without a valid license. (2) (a) No person shall transport sand in any vehicle from the quarry of the Public Works Department without a transport permit issued by the Public Works Department as in Appendix-XVII (3) Any person who intends to store sand for sale shall make an application for grant of license in the form in Appendix XX to the District Collector concerned." 5. This Court is of the view that the amendment makes it clear that "no person shall transport sand without a valid transport permit issued by the Public Works Department or without a sale slip of licence duly authenticated by the Taluk headquarters Deputy Tashildar of the jurisdiction from which the sand is transported, includes any persons who purchases sand from a dealer. The Section is wide enough to include any person, whether he is a dealer in sand, who has obtained necessary permission from the competent authority. As quarrying of sand is now prohibited and the sale has to be done only by the PWD Department, any person who intends to transport sand, has to obtain transport permit from the competent authority. If the petitioner has purchased sand from a dealer, then he can always produce necessary documents before the concerned authority and obtain a transport permit. If transport of sand is permitted without any regulation, any person can simply transport sand, contending inter alia that he has purchased from a dealer and that would pave way for illegal transportation for any quarry site. As per the https://hcservices.ecourts.gov.in/hcservices/ 3 awarded rule, tested before this Court, in a batch of Writ Petitions, no person can transport even from the stockyard without a slip. 6. When the Government have introduced a specific amendment to Tamil Nadu Minor Mineral Concession Rules 1959, mandating that no person shall transport sand without a valid transport permit issued by the Public Works Department or without a sale slip of licence duly authenticated by the Taluk headquarters Deputy Tashildar of the jurisdiction, the relief sought for in this Writ Petition to grant a Mandamus forbearing the respondent from insisting upon the transport permit for the transport of second sale sand from Vilathikulam, Thoothukudi District to Kannamamoodu, Kanyakumari District from the petitioner for the construction of hotel premises in S.No. 65/1/B, 65/2 of the Kannamamoodu Junction and not to detain the lorry bearing No. TN- 07-6262, cannot be granted, as it would be amounting to a declamation of the rules, which is still under adjudication. 7. Admittedly, the amended rule has not been challenged by the petitioner. As on today, the rule applies to all and not only to the dealer in sand. Hence, this Writ Petition is dismissed. Consequently, connected Miscellaneous Petition is also dismissed. No costs. Sd/- Assistant Registrar (Writs) /True copy/ Sub Assistant Registrar To The Tahsildar, Vilavankodu, Kanniyakumari District. Vsg SR : 05.08.2011 : 3p/2c W.P.(MD).No.8193 of 2011 And M.P.(MD).No. 1 of 2011 22.07.2011 https://hcservices.ecourts.gov.in/hcservices/