N.Sanal Kumar vs. The Distrtct Collector

Facts

The petitioner, N. Sanal Kumar, operating as M/s. Orma Traders, is engaged in the business of transporting M-Sand and crusher materials from Kanyakumari to Thiruvananthapuram. He purchases these materials from licensed quarry owners and pays the necessary GST. The petitioner obtained a transit pass (Form-F) for this purpose. However, police officials at Padanthallumoodu and Kozhivilai Check Posts repeatedly prevented him from transporting the materials, despite him possessing valid documents. The petitioner's earlier representation to the Superintendent of Police (2nd respondent) led to a response suggesting he obtain permission from the District Collector (1st respondent). Subsequently, the District Collector, by proceedings dated 01.02.2018, granted permission for transportation upon production of necessary documents. Despite this, the police continued to obstruct the petitioner's business. A further representation to the Superintendent of Police on 27.04.2018 yielded no action, prompting the petitioner to file this writ petition.

Held

The Court directed the second respondent, the Superintendent of Police, Kanyakumari District, to consider the petitioner's representation dated 27.04.2018 and pass necessary orders on merits and in accordance with law within a period of one week from the date of receipt of a copy of the order. This consideration is to be done in light of the first respondent's (District Collector) proceedings dated 01.02.2018, which had granted permission for the transportation of M-Sand and other materials upon production of necessary documents. The Court did not delve into the legality of the police's actions but rather focused on ensuring the petitioner's representation was addressed promptly. The ratio decidendi is that administrative authorities must act upon representations promptly and in accordance with prior permissions granted by competent authorities.

Key Issues

1. Whether the police officials at Padanthallumoodu and Kozhivilai Check Posts are legally justified in preventing the petitioner from transporting M-Sand and crusher materials from Kanyakumari to Thiruvananthapuram, despite the petitioner possessing a valid transit pass (Form-F) and permission from the District Collector? The petitioner argued that he is conducting his business legally, paying GST, and has obtained all necessary permissions, including a transit pass and specific permission from the District Collector. He contended that the police officials' obstruction is unwarranted and hinders his lawful business operations. The petitioner relied on the District Collector's proceedings dated 01.02.2018 as a basis for his right to transport the materials. The respondents, represented by the Additional Advocate General, submitted that if a reasonable time is granted, the Superintendent of Police will consider the petitioner's representation dated 27.04.2018 and pass appropriate orders.