K MANI Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) IN this writ petition, the petitioner seeks the release of his tractor and trailer, which were seized by the respondents while sand was being transported by the vehicle. According to the petitioner, the sand was being carried only for agricultural use. In spite of informing the respondents that the sand was being carried only for agricultural purpose, the vehicle was seized. Even though the petitioner had forwarded a representation to the said effect on 10. 1. 2005, explaining the circumstances under which the sand was being transported from his own lands to another land belonging to him at the same village, the respondents have chosen to detain the vehicle illegally.

(2.) LEARNED counsel for the petitioner contended that under Rule 6 of the Tamil Nadu Minor Mineral Concession Rules (hereinafter called the "rules"), public are allowed to quarry sand for bona fide domestic or agricultural purposes without obtaining permission for quarrying, provided that the dwelling place and the agricultural land are within the same or adjoining revenue village. Non-release of the vehicles result in the vehicles becoming irreparably damaged, and the revenue officials, without due regard to the said situation, do not pass orders for several months. The vehicle is only a tractor-trailer and not a lorry used for commercial purpose and the petitioner is a poor agriculturist.

(3.) LEARNED Special Government Pleader contended that sand is now a banned item for private quarrying and hence, there is no possibility of transport of sand other than to be permitted specifically by the Government on its own quarrying and engaging vehicles for the transport of sand. In G. O. Ms. No. 95, Industries Department dated 1. 10. 2003, the Government had banned quarrying of sand in Government lands and that permissions/leases granted in ryotwari lands ceased to be effective from the date of the Government Order and that the right to exploit the sand shall vest in the State. When the validity of the said Government Order was questioned, a Division Bench of this Court had upheld its validity in STATE OF TAMIL NADU AND ANOTHER Vs. P. KRISHNAMOORTHY AND OTHERS (2004 (3) LW 738 ).