LAWS(MAD)-2022-2-313

SSS ENTERPRISES Vs. DISTRICT COLLECTOR, KANCHIPURAM DISTRICT

Decided On February 02, 2022
Sss Enterprises Appellant
V/S
DISTRICT COLLECTOR, KANCHIPURAM DISTRICT Respondents

JUDGEMENT

(1.) The Petitioner has filed this Petition for a direction to the Respondents not to insist on Transit pass for the movement of processed minerals in Public Transport from the Manufacturing Unit to the point of end user.

(2.) The case of the Petitioner is that the Petitioner-Firm is running a Production Unit, which started functioning in the year 2019 and it is Manufacturing and trading in M-sand, aggregates from Jaw Crusher, Cone with VSI Crusher, etc., after getting all the necessary approvals from the appropriate Department. Whileso, the Respondents are continuously insisting upon Transit Permit for carrying the processed minerals/goods from the Petitioner unit to the end consumer and they are preventing carrying of goods in the absence of a Transit Permit. Aggrieved by the action of the Respondents in insisting Transport Permits, the Petitioner made a representation, dtd. 6/1/2022 before the Respondents, and as no Orders have been passed till date the present Writ Petition has been filed.

(3.) Learned Counsel appearing for the Petitioner submitted that the Government of Tamil Nadu, in their Letter No.515411/M2/B6-11, dtd. 26/5/88, Industries (M2) Department, has directed that the production of Transit Permit need not be insisted upon for the transport of processed minerals. He further submitted that, the Hon'ble High Court of Madras in W.P. No.28715 of 2007, vide Order, dtd. 30/8/2007 has held that the transportation of processed minerals, from crushing units to the Purchaser's point, need not be necessarily be carried under any permit and it is sufficient that if necessary valid Bills were carried along with the vehicle.