R. Sabu vs. The Secretary TO Govt.

Facts

The petitioner, R. Sabu, filed a writ petition seeking a mandamus to direct the respondents (Government officials including the Secretary to Government, Mines and Minerals, District Collector, Assistant Director (Mines and Minerals), and Assistant Superintendent of Police) to allow the transportation of crusher dust, M-sand, gravel, and building materials from Tamil Nadu to Kerala through the Puliyarai check post. The petitioner sought this relief in light of a previous order by the same High Court in W.P(MD) No.4662/2019. The petitioner claimed to possess all the necessary certificates for transporting these materials. The respondents were represented by the Additional Government Pleader, and the matter was taken up for final disposal with consent.

Held

The Court disposed of the writ petition with directions. It noted that a Division Bench had passed an interim order regarding the transportation of M-sand, and the authorities are bound by such directions. The Court referred to a previous order in W.P(MD) No.2760 of 2018, where the District Collector had submitted a report listing five essential certificates for transporting crusher material: a valid Transport permit from the Mines Department, Pollution Control Board consent, permanent Registration certification from the District Industries Centre, a valid quarry licence, and a valid sales tax registration certificate (TIN Number and GST Number). The Court directed the respondents to permit the petitioner to transport the materials if they possessed all these documents. It was made clear that if any document was missing, the respondents were at liberty to prevent transportation. The Court also observed that if the petitioner possessed a valid permit for crusher dust obtained from a permitted quarry, the respondents should not prevent its transportation, but the respondents retained the liberty to check vehicles and demand documents.

Key Issues

1. Whether the petitioner is entitled to a writ of mandamus directing the respondents to permit the transportation of crusher dust, M-sand, gravel, and building materials from Tamil Nadu to Kerala through the Puliyarai check post, given the existence of prior court orders and the petitioner's possession of required documents? The petitioner argued that they are in possession of all the necessary certificates as stipulated by the authorities, and therefore, should be allowed to transport the materials. They also referred to a previous order in an identical issue (W.P(MD) No.2760 of 2018) where the District Collector had submitted a report listing the required certificates. The petitioner contended that there is no bar to transporting crusher dust if a valid permit from a permitted quarry is produced. The respondents, through the Additional Government Pleader, took notice and consented to the disposal of the petition.