SEVEN STAR Vs. DISTRICT COLLECTOR KARUR DISTRICT

JUDGEMENT

(1.) THE above writ petitions are filed seeking a direction as against the respondents whereby, the respondents should be prohibited from insisting the petitioner and petitioner's customers, either to obtain transport permit or to indicate the final place of destination in the bills issued by the Public Works Department, to transport the processed/filtered sand from the stockyards of the petitioner.

(2.) THE issue involved in these writ petitions are relating to the method of transport of sand, consequent to the amendment introduced under Rule 38 A of the Tamil Nadu Minor Minerals Concession Rules, 1959 (hereinafter called as 'Rules'). THE Government by G.O.Ms.No.95 Industries (MMC.I) Department dated 1/10/2003 has introduced the above said amendment in exercise of the powers conferred by Sub-Sections (1) and (1-A) of Section 15 of the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act 67 of 1957) (herein after called as Act).

(3.) IT is further contended that the sand, which was purchased, cannot be used as it is, since it has to be processed and filtered to cater to the needs of the customers. IT is further contended that once the sand is purchased from the Public Works Department, the ownership of the sand, passes on to the purchasers and they can deal with the same in what ever manner they like, subject to the payment of sales tax towards second sales, which is being complied with.