The Madras High Court on Tuesday directed the State Government to file its counter affidavit to a writ petition filed by the Tamil Nadu M-Sand Manufacturers’ Welfare Association to declare the Tamil Nadu Prevention of Illegal Mining, Transportation and Storage of Minerals and Mineral Dealers Rules of 2011 illegal and unconstitutional.
Acting Chief Justice Munishwar Nath Bhandari and Justice P.D. Audikesavalu directed State Government Pleader P. Muthukumar to ensure that the counter affidavit is filed in two weeks.
The orders were passed after the court heard elaborate arguments made by advocate Naveen Kumar Murthy, representing the petitioner association.
He said the 2011 rules were ex facie illegal, since they brought within their ambit subject matters that did not fall under the definition of ‘minerals’, as found in the Mines and Minerals (Development and Regulation) Act of 1957. According to him, products such as blue metal or M-sand could not be termed ‘minerals’.
Counsel also told the court that members of the petitioner association and other stone crusher unit operators in the State were being harassed by government officials citing the 2011 rules by demanding permits for the transportation and storage of M-sand, widely used for the construction of buildings.
