P. SUNDARESAN Vs. THE STATE OF TAMIL NADU, REP. BY ITS SECRETARY, INDUSTRIES DEPARTMENT, FORT ST. GEORGE, CHENNAI-600 009 AND ORS.

JUDGEMENT

(1.) THE petitioners, in all these writ petitions, have approached this Court with a prayer for issuance of writ in the nature of Mandamus, directing the respondents not to interfere in the transportation of purchased sand, by recognized means of transport, including the Bullock Carts. The other prayer is for issuance of writ in the nature of prohibition, restraining the respondents from interfering in the use of JCB machine at the storage area for lifting the sane for filling of lorries and other transport vehicles, for transport of purchased sand. The writ petitions are opposed by the State, on the ground that the relief claimed is in violation of Rules 36 -A(6) and 38 -C of the Tamil Nadu Minor Mineral Concession Rules, 1959 which read as under:

(2.) THE reading of the provisions of Rules 36 -A(6) and 38 -C does not support the stand of the State. The sale of sand is regulated by statutory rules. The rules do not bar any mode of transportation, provided that there is a valid permit issued to the lorry or Bullock Carts.

(3.) AT the sake of repetition, it is made clear, that the petitioners shall only be entitled to use JCB machine within the compound area where permit is granted for storage of sand for the purposes of loading of the sand in the vehicle, or Bullock Carts, holding valid permit as per the rules.