Chennai: Madras high court has sought the state govt’s response to a petition challenging three-month ban on transport of rough stones and aggregates to other states, saying the state govt had no jurisdiction over transport of legally mined minerals.The geology and mining director, through an order dated July 27, imposed a ban on transportation of rough stones and aggregates to other states for three months under section 3A of the TN Prevention of Illegal Mining Transportation and Storage of Minerals and Mineral Dealers’ Rules, 2011. The ban was to ensure availability of the materials to meet the demand within TN.However, the petition by Madhu Premanathan of Krishnagiri, who is also the secretary of the Crusher Owners’ Federation, said the state govt rules dealt only with prevention of illegal mining. “The amendment to the Rules 2011 vide insertion of Rule 3A is without power or jurisdiction by the state govt and the impugned proceedings to ban transportation of minerals is arbitrary, colourable exercise of power without jurisdiction and violative of 2011 rules and section 23 of the Act and article 301 and 304(b) of the Constitution,” it argued.The petition also said the impugned order did not deal with any empirical data as to what is the requirement in the state of TN pertaining rough stone and aggregates and does not clarify who will buy the mined rough stone readily for the next three months. Stating that the ban will incur a huge loss to mining licencees running into crores and that it would affect the workers’ wages.Admitting the petition, the first bench comprising Chief Justice S A Dharmadhikari and Justice G Arul Murugan, directed the state govt to submit its reply within two weeks.
