Aneeka Traders vs. The District Collector

Facts

The petitioner, Aneeka Traders, engaged in the business of buying and selling building materials on a commission basis, sought a writ of mandamus to direct the respondents (District Collector, Assistant Director of Geology and Mining, Superintendent of Police, and Assistant Superintendent of Police) to issue necessary transport permits. The petitioner intended to transport raw materials like jally, crusher dust, and M sand from Kanyakumari District to Thiruvananthapuram District, Kerala, through specific check posts. Despite possessing Form F, the petitioner was prevented from transporting these materials. The petitioner relied on a previous High Court order in a similar case. The respondents, in their counter-affidavit, indicated no objection if the petitioner possessed valid documents.

Held

The Court held that if the petitioner produces the necessary certificates relevant to their business, as outlined in the previous order of this Court in W.P.(MD)No.2760 of 2018, the respondents are directed to permit the petitioner to transport the building materials. The necessary certificates mentioned in the prior order include a valid transport permit from the Mines Department, valid Pollution Control Board consent, valid permanent registration certification from the District Industries Centre, valid quarry licence proceeding for M-sand production, and a valid sales tax registration certificate (TIN Number and GST Number). The Court ordered accordingly, granting the petitioner the relief sought upon fulfillment of these documentary requirements. No costs were awarded.

Key Issues

1. Whether the petitioner is entitled to a writ of mandamus directing the respondents to issue necessary transport permits for raw materials (jally, crusher dust, and M sand) from Kanyakumari District to Thiruvananthapuram District, Kerala, under Article 226 of the Constitution of India? The petitioner argued that they were prevented from transporting building materials despite possessing Form F and relied on a previous High Court order (W.P.(MD)No.2760 of 2018) which stipulated the necessary certificates for transporting crusher materials. The petitioner stated they were giving up the transport of M sand due to an existing injunction. The respondents, through their counter-affidavit, stated that they would not obstruct the petitioner's legal business if valid documents were produced.