Sumal Mathew vs. The Secretary TO Govt.

Facts

The petitioner, Sumal Mathew, filed a writ petition seeking a mandamus to direct the respondents, including government officials from the Mines and Minerals department and police, to issue necessary permits for transporting M-Sand, Quarry Dust, P.Sand, and GSB extra from Tamil Nadu to Kerala via the Puliyarai Check Post. The petitioner relied on a previous order of the High Court in W.P.(MD)No.25381 of 2019 and a representation dated 16.04.2021. The respondents, through the Special Government Pleader, took notice. The Court considered previous judgments on similar issues concerning the transportation of crusher materials.

Held

The Court disposed of the writ petition with directions. It noted that the authorities are bound by the directions of a Division Bench in a previous interim order regarding M-sand transportation. The Court referred to its own previous order in W.P(MD)No.2760 of 2018, which stipulated that transport of crusher material from Tamil Nadu to Kerala is permitted if the petitioner possesses a valid Transport Permit from the Mines Department, Consent from the Pollution Control Board, Permanent Registration Certificate from the District Industries Centre, Quarry Licence proceeding from the District Collector, and a valid Sales Tax Registration Certificate (TIN Number and GST Number). The Court also referred to W.P(MD)No.25381 of 2019, which stated that if the petitioner has a valid permit to indicate the crusher dust was obtained from a permitted quarry, transportation would not be prevented. Following these precedents, the Court directed that the respondents should not prevent the petitioner from transporting crusher materials from Tamil Nadu to Kerala if the petitioner possesses all the valid documents. The respondents were granted liberty to check the vehicles and demand production of documents.

Key Issues

1. Whether the petitioner is entitled to a Writ of Mandamus directing the respondents to issue necessary permits for transporting specified quarrying materials from Tamil Nadu to Kerala, considering previous High Court orders and the petitioner's representation? Petitioner's Contention: The petitioner argued that they are in possession of all the requisite certificates for transporting quarrying materials and are therefore entitled to the permit, relying on the directions issued in previous similar writ petitions. They sought a mandamus to facilitate the transportation. Revenue/State's Contention: The Special Government Pleader for the respondents took notice. The Court's decision was based on the understanding of previous orders and the conditions stipulated therein, which the petitioner claimed to fulfill. No specific argument against the petitioner's claim was recorded, other than the general liberty for authorities to check documents.