POONAMALLEE CIRCLE Vs. SECRETARY TO GOVERNMENT INDUSTRIES DEPARTMENT

JUDGEMENT

(1.) Poonamallee Circle River Sand Lorry Owner's Association, Tiruvallur Central District, represented by its President, has filed this writ petition for a Mandamus, directing the respondents 1 to 4 to take appropriate action against 5th respondent, Mr.M.Palanisamy and his men from selling river sand by setting up stockyard, without obtaining a dealer licence from the competent authority, as required by Rule 38-A of the Tamil Nadu Minor Mineral Concession Rules, 1959 (hereinafter referred to "the Rules") and also prayed for a direction to the respondents 1 to 4, to enable the members of the Association to purchase river sand, directly from PWD, at quarry pits mouth.

(2.) The President of the petitioner's Association, on behalf of others, has contended that members of the Association are operating lorries, exclusively for transporting construction materials, like sand, savudu and jelly and supplying the same, to the building contractors and individual public, depending upon their requirements. As far as sand is concerned, since 01.10.2003, quarrying operation is done by Public Works Department, since 01.10.2003, onwards, pursuant to the introduction of Section 38-A of the Tamil Nadu Minor Mineral Concession Rules, 1959. As per the statutory provisions, Public Works Department is quarrying and selling sand, at the pits mouth, by collecting the sale amount and each lorry is permitted to take two units load of sand. According to the petitioner, the sale price includes, value of sand, quarrying cost, loading charges and seiniorage fee.

(3.) It is the case of the petitioner that the 5th respondent, along with many others, claiming themselves to be the dealers of the sand, set up stockyards, by purchasing the river sand from Public Works Department and selling the same, at a higher rate to lorry owners, like the members of the Association. According to the petitioner's association, at private stockyards, one unit load of sand is being sold at Rs.2,500/- and when it reaches the consumer, it is costly.