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2012 DIGILAW 3607 (MAD)

N. S. K. Cement Agency & Blue Metals, rep. by its Proprietor Na. Ilanchezhiyan v. District Collector, Thirunelveli District

2012-08-16

M.JAICHANDREN

body2012
Judgment :- 1. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. 2. This Writ Petition has been filed, praying that this Court may be pleased to issue a Writ of Mandamus to forbear the respondents, from interfering with the rights of the petitioner concern and that of its customers, to transport sand from Puducherry to Kerala, with valid documents. 3. In similar facts and circumstances, this Court had passed an order, dated 30.01.2012, in W.P.No.1209 of 2012. Paragraph 5 of the said order, reads as follows: "5. In view of the submissions made on behalf of the petitioner, as well as the respondents, this Court is of the view that a general direction, as prayed for by the petitioner, in the present writ petition, cannot be issued. However, it is made clear that the respondents shall consider the documents furnished by the petitioner and its customers, to verify if the transportation of sand is in compliance with all the necessary conditions applicable to such transportation, and if such transportation is being done, as per the statutory provisions, which are applicable to the case. It is for the authorities concerned to take a decision, on a case to case basis, and pass appropriate orders, as they find it fit to do so, in accordance with law, by following the necessary procedures." 4. The learned counsel for the petitioner had submitted that it would suffice, if a similar order is passed in the present writ petition. 5. The learned counsel appearing on behalf of the respondents has no objection for this Court passing such an order. 6. In view of the submissions made on behalf of the petitioner, as well as the respondents, this Court is of the view that a general direction, as prayed for by the petitioner, in the present writ petition, cannot be issued. However, it is made clear that the respondents shall consider the documents furnished by the petitioner and its customers, to verify if the transportation of sand is in compliance with all the necessary conditions applicable to such transportation, and if such transportation is being done, as per the statutory provisions, which are applicable to the case. However, it is made clear that the respondents shall consider the documents furnished by the petitioner and its customers, to verify if the transportation of sand is in compliance with all the necessary conditions applicable to such transportation, and if such transportation is being done, as per the statutory provisions, which are applicable to the case. It is for the authorities concerned to take a decision, on a case to case basis, and pass appropriate orders, as they find it fit to do so, in accordance with law, by following the necessary procedures. 7. This Writ Petition is ordered accordingly. No costs.