N MURUGESAN Vs. DISTRICT COLLECTOR KARUR

JUDGEMENT

(1.) THE petitioner has filed the above writ petition to issue a writ of mandamus, forebearing the respondent, the District Collector, Karur from transporting the sand stored at Manavasi Village, Krishnarayapuram Taluk, Karur District, by the petitioner.

(2.) ACCORDING to the petitioner, he is the dealer in dealing with the sand. He used to purchase sand from the lessees by paying necessary charges and transport them to the places with valid transport permits. ACCORDING to the petitioner, he purchased sand from the lessee with respect to the quarry in S.F.No.1 of Mayanur village, Kulithalai Taluk on payment of consideration. The petitioner stored 357 lorry loads of sand from the said Mayanur Village and, in view of the lorry strike he could not remove the sand from the said Mayanur Village. It is the case of the petitioner that in view of the law and order situation at Coimbatore, there was no order for supply of sand. During the second week of March, 1998, though he got order for supply of sand he could not remove it in view of the fact that the Village Administrative Officer prevented him from taking sand to Coimbatore stating that the same was seized by the officials of Geology and Mining, as instructed by the respondent. He sent a representation on 13.3.1998 to the Joint Director, Geology and Mining, Karur to permit him to take sand from the said Manavasi Village. No reply was received. Again the petitioner sent a representation on 30.3.1998 and on 3.4.1998. But the officials prevented the petitioner from transporting the same. Hence, the petitioner has filed the above writ petition.

(3.) AS rightly submitted by the learned Senior Counsel for the petitioner, even if the lessee who sold the said sand has not paid any legal charges contemplated under the Rules, it is for the authorities to collect the same from the lessee and on that ground, the respondent has no jurisdiction to prevent the person who purchased the said sand from the lessee and stored the same from dealing with it.