Madras HC Seeks TN Reply on PIL Against Ban on Mineral Transport

The Madras High Court has directed the Tamil Nadu state government to submit a reply within two weeks regarding a public interest litigation petition that challenges a state-imposed three-month ban on the movement of rough stones and aggregates to other states. A first bench comprising Chief Justice S A Dharmadhikari and Justice G Arul Murugan admitted the petition in Madras after the state government's jurisdiction over legally mined mineral transport was called into question.

The contested restriction was originally issued by the geology and mining director through an official order dated July 27. The state authority invoked section 3A of the Tamil Nadu Prevention of Illegal Mining Transportation and Storage of Minerals and Mineral Dealers’ Rules, 2011, to enforce the three-month ban on transporting rough stones and aggregates beyond state borders. The state government stated that the measure was designed to ensure sufficient availability of these materials to satisfy internal demand within Tamil Nadu.

However, the petition challenging the government order was brought by Madhu Premanathan of Krishnagiri, who serves as the secretary of the Crusher Owners’ Federation. Premanathan contended that the state government holds no jurisdiction or constitutional authority over the interstate transport of minerals that have been legally mined. The petitioner highlighted that the underlying state rules were created to address the prevention of illegal mining rather than restrict lawful mineral movement.

According to the arguments presented in the petition, the amendment to the Rules 2011 through the insertion of Rule 3A was carried out without valid power or jurisdiction by the state government. The plea argues that the impugned proceedings banning the transportation of minerals represent an arbitrary and colourable exercise of power without jurisdiction. It further asserts that the order violates the 2011 rules, section 23 of the Act, and Articles 301 and 304(b) of the Constitution of India.

The petition also points out that the state government's order lacks empirical data concerning the actual quantity of rough stone and aggregates required within Tamil Nadu. Furthermore, the petition states that the order fails to clarify who will readily buy the mined rough stone in the state during the three-month period.

Highlighting the economic impact, the plea stated that the ban will cause massive losses running into crores of rupees for mining licencees. The petition added that the restriction will adversely affect the wages of workers employed in the sector. The high court bench has now given the state government two weeks to present its response.