G. KARTHIKAYAN Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE petitioner has filed the present writ petition, seeking to forbear the respondents from preventing the petitioner from transporting the Crusher Dust, Blue Metals, M.Sand from Tamil Nadu to Kerala through Puliyarai Check post at Shencottah Taluk, Tirunelveli District.

(2.) THE petitioner states that he is engaged in transport business in the name and style of M & S Corporation and he transports goods through lorry for past 10 years. He states that he transports the goods through his vehicles in and around Tamil Nadu and also to Kerala.

(3.) THE respondent No.3 has filed counter affidavit refuting the allegations. It is stated that the Tamil Nadu Government notified the rulesviz., The Tamil Nadu Prevention of Illegal Mining, Transportation and Storage of Minerals and Mineral Dealers Rules 2011, by exercising its power under Section 15(1) and (1-A) of the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act 67 of 1957). As per rule 3, no persons shall transport any mineral without any valid transit pass. Mineral is defined in Rule 2(xiii) and as per definition, Minerals means all minerals and minor minerals except sand. It is further stated that as per Rule 36(1) (2-A) of Tamil Nadu Minor Mineral Concession Rules, 1959, stone includes Crusher Dust. Since the petitioner has sought to remove the Crusher Dust without valid transport permit under the rules mentioned above, he was not allowed to take Crusher Dust.