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Judgment
M. Jaichandren, J.—At this stage of the hearing of the writ petition, the learned Special Government Pleader appearing for the Respondents
had submitted that Rule 38-C has been introduced in the Tamil Nadu Minor Mineral Concession Rules, 1959, which had come into force, on
11.2.2011.
Rule 38-C of the Tamil Nadu Minor Mineral Concession Rules, 1959, reads as follows:
38-C. Storage and transportation of sand.- (1)(a) No person shall transport sand without a valid transport permit issued by the Public Works
Department or without a sale slip of license duly authenticated by the taluk headquarters Deputy Tahsildar of the jurisdiction from which the sand is
transported.
(b) No person shall stock sand for sale in any place without a valid license.
(2) (a) No person shall transport sand in any vehicle from the quarry of the Public Works Department without a transport permit issued by the
Public Works Department as in Appendix-XVII.
(b) No person shall transport sand in any vehicle from the stockyard without the sale slip issued by the licensee as in Appendix-XVIII and duly
authenticated 3 by the taluk headquarters Deputy Tahsildar as in Appendix-XIX.
(3) Any person who intends to store sand for sale shall make an application for grant of licence in the form in Appendix-XX to the District
Collector concerned:
Provided that if any person who has stored sand for the purpose of sale on the date of coming into force of this rule shall apply to the District
Collector in the said form for grant of licence for the purpose of this rule within sixty days from the date of coming into force of this rule.
(4) The person who makes an application as in Appendix-XX for the grant of license, shall remit a nonrefundable application fee of Rs. 5000/-
(Rupees five thousand only) to the District Collector concerned.
(5) On an application made provided that where the application is not complete in all material particulars, or is not accompanied by the required
documents, the District Collector shall return or by notice require the applicant to supply the omission or furnish the document as the case may be
within a period of ten days from the date of receipt of such notice under Sub-rule (3). The District Collector may refer the said application to the
Assistant Director or the Deputy Director of Geology and Mining concerned in the district for inspection of the area and report.
(6)(a) On receipt of inspection report from the Assistant Director or the Deputy Director of Geology and Mining as the case may be, the District
Collector may grant a license in the form in Appendix-XXI or for the reasons 4 recorded in writing, refuse to grant such license.
(b) The District Collector shall pass orders on the application within a period of thirty days from the date of receipt of the application.
Provided that the aforesaid period of thirty days shall be applicable only if the application for license is complete in all respects. In respect of re-
submitted applications, the said period shall be reckoned only from the date of resubmission of such application.
(7) The period of license shall not exceed one year from the date of grant of license.
(8) A license may be renewed for a period of not exceeding one year from the date of expiry of license granted under Clause (a) of Sub-rule (6).
The application for renewal shall be submitted thirty days before the date of expiry of license. The procedure specified for grant of license and fee
shall apply for renewal mutatis mutandis.
(9) When the licensee sells the sand from the stockyard, the licensee shall submit the original transport permit issued by the Public Works
Department to the concerned taluk headquarters Deputy Tahsildar along with the sale slip issued by him. The taluk headquarter Deputy Tahsildar
shall affix the seal as in Appendix-XIX on the quantum of sale slip which is equivalent of the quantum of sand transported with the Public Works
Department transport permit slip and also make necessary endorsement on the original transport permit submitted by the licensee.
(10) Every licensee shall submit a monthly return as in Appendix-XXII to the District Collector before 10th of succeeding month.
(11) Non-possession of transport permit or sale slip for transport of the sand shall be construed as illicit transportation of sand.
(12) Whenever any person stocks the sand or transports or causes to be transported the sand without any lawful authority, and for that purpose
uses any tool, equipment, vehicle or any other thing, such sand, tool, equipment, vehicle or any other thing shall be liable to be seized by the
competent authorities and shall also liable for confiscation of the same. For such confiscation, the competent authorities shall make a complaint in
this behalf before the competent Court. Before making such compliant, the competent authorities shall obtain specific sanction of the District
Collector, for making such a complaint.
(13) The taluk headquarter Deputy Tahsildar who authenticates the sale slip shall maintain a day book register, indicating date wise number of
authentication made by him, to whom it has been made and the quantum of sand for which sale slips are issued and such other particulars as are
required.
(14) The taluk headquarter Deputy Tahsildar at the end of each month shall prepare and submit a return on the number of sale slips authenticated,
to whom it has been issued and the quantum of sand covered therein to 6 the District Collector concerned and such return shall be submitted
before 10th of succeeding month.
(15) If any violation of condition of license is found, the District Collector concerned shall cancel the license after affording an opportunity of
hearing to the licensee.
In view of Rule 38-C of the Tamil Nadu Minor Mineral Concession Rules, 1959, it is for the Petitioner to make an application to the District
Collector concerned, in the form, as provided in Appendix-XX, under Clause 3 of the said Rule, for the grant/renewal of license for the storage
and transportation of sand.
In such circumstances, this Court does not find sufficient cause or reason to grant the reliefs, as prayed for by the Petitioner, in the present writ
petition. Hence, the writ petition stands dismissed. No costs. Connected M.P. No. 1 of 2011 is closed.