LAWS(MAD)-2011-4-312

D SIVAKUMAR Vs. DISTRICT COLLECTOR DHARMAPURI DISTRICT

Decided On April 05, 2011
D. SIVAKUMAR Appellant
V/S
DISTRICT COLLECTOR, DHARMAPURI DISTRICT, DHARMAPURI Respondents

JUDGEMENT

(1.) These writ petitions have been filed by the Petitioners, who are stated to be the dealers in river sand, for a direction to forbear the Respondents, the District Collector and the Assistant Director of Geology and Mining of various Districts from insisting the Petitioners and their customers, either to obtain transport permits or to get mentioning of the final place of destination in the bills issued by the Public Works Department, to transport the processed or filtered or raw sand from the stockyard of the Petitioners to the place of destination of the Petitioners' purchasers.

(2.) Their grievance is that, they are purchasing the sand from the Public Works Department and transporting the same based on the bills issued by the said Department and the Petitioners are using labour for processing the sand with mechanized filters for removal of stone dust and unwanted elements, making the sand fit for construction. They are owning or hiring vehicles for transporting the sand, which is stated to have been purified or processed, to the destination of purchasers at their choice with the bills issued by the Petitioners after paying the sales tax to the Government of Tamil Nadu.

(3.) As per Rule 36(5)(b) of the Tamil Nadu Minor Mineral Concession Rules,1959, which is as follows: