The District Collector vs. M/S.Indian Rare Earths Limited

Facts

This case involves a Writ Appeal (WA(MD) No.1376 of 2017) filed by the District Collector, Kanyakumari District, against an order dated 21.04.2017 in WP(MD).No.4690 of 2017. The original writ petitioner, M/s. Indian Rare Earths Limited, sought a writ of mandamus directing the Commissioner of Geology and Mining to grant transport permits for mining leases. The writ appeal arises from the High Court's previous order which confirmed the writ petitioner's plea. Subsequently, the Supreme Court granted a stay on the judgment and directed the opening of new quarries. A status report filed by the Under Secretary to the Government, Public Works Department, details the prevailing prices of sand, including loading charges and GST, and outlines the online sand sales mechanism introduced by the government.

Held

The Court noted that the Writ Appeal was filed against an order dated 21.04.2017 in WP(MD).No.4690 of 2017, which was confirmed by a judgment dated 07.12.2017 in WA(MD)No.1376 of 2017. However, the Supreme Court has since granted a stay on this judgment and indicated that new quarries should be opened. The Court expressed a desire for a proper and correct mechanism for the sale of sand, its pricing, and to prevent illegal quarrying. Based on the status report, the Court directed that the price of sand per unit and other particulars should be uploaded on the website 'www.tnsand.in', and a screenshot of this information should be submitted on the next hearing date. The matter was kept pending for further consideration of the mechanism for sand sales and pricing. No specific finding was made on the primary issue of granting transport permits in this particular order, as the focus shifted to establishing a proper regulatory framework.

Key Issues

1. Whether the respondents are legally obligated to grant transport permits to the petitioner for the mining leases in question, as per the relevant Government Orders (G.O.Ms.1114 dated 12.08.1981 and G.O.3(D) 6 dated 28.01.2000)? (Question of law and fact, turning on administrative discretion and interpretation of mining lease conditions). Petitioner's Argument (implied from the prayer in the writ petition): The petitioner contends that they are entitled to transport permits based on the existing mining leases and seeks a mandamus to compel the authorities to issue them. Revenue/State's Argument (implied from the appeal): The appellant (District Collector) is challenging the High Court's earlier order that directed the grant of permits. The specific grounds of appeal are not detailed in the provided text, but the appeal itself indicates a dispute over the issuance of these permits. The status report discusses pricing mechanisms and GST, suggesting the revenue side is concerned with the financial and regulatory aspects of sand sales.