(1.) The petitioner, who is the proprietor of Nankachi Enterprises, has sought for a Mandamus, forbearing the respondents herein and their men from preventing the petitioner from transporting crusher dust from Tamil Nadu to Kerala, through Gopalapuram Check post Pollachi, Nadupani Check Post Pollachi, Ennai Pettai Koil Check Post Pollachi, Ozlina Palli Check Post Pollachi, Valaiyar Check Post Coimbatore, Meenakshipuram Check Post Pollachi in Tamil Nadu.
(2.) According to the petitioner, he is a dealer in construction materials, duly registered under the State and Central Sales Tax Acts. He is engaged in transporting goods, through lorries and heavy vehicles. He has submitted that crusher dust is a waste product of the mining industry and it is used as an effective alternative for sand to fill in sites, as it is much cheaper than sand. Therefore, there is a demand for crusher dust in Tamil Nadu and Kerala. He regularly buys crusher dust from authorised Mining quarries and crushing units, and transport the same, within Tamil Nadu and also to the State of Kerala.
(3.) It is the case of the petitioner that while transporting crusher dust from Coimbatore and Pollachi to Kerala, the consignment is checked by Police, at the border check posts of both the States and only after ascertaining the same, the consignment is allowed to enter into another State. According to him, a person, transporting crusher dust, need not obtain any prior permission from any authority and there is no provision in the mining laws, to that effect. While transporting crusher dust from Tamil Nadu to Kerala, the vehicles are checked at various check posts in Tamil Nadu, viz., Gopalapuram Check post Pollachi, Nadupani Check Post Pollachi, Ennai Pettai Koil Check Post Pollachi, Ozlina Palli Check Post Pollachi, Valaiyar Check Post Coimbatore, Meenakshipuram Check Post Pollachi, and also in the State of Kerala.