‘Crusher dust’ will unambiguously mean that it is a mineral, the Madras High Court has ruled. Justice S Manikumar gave the ruling last week, while dismissing a writ petition from Nankachi Enterprises in Pollachi, seeking to restrain the government from preventing the firm from transporting crusher dust from Tamil Nadu to Kerala through various check posts in Pollachi and Coimbatore.
According to the petitioner, the firm was engaged in transporting crusher dust, a waste product of the mining industry and it was used as an effective alternative for sand to fill in sites. Therefore, there was a demand for crusher dust in Tamil Nadu and Kerala. He regularly purchased crusher dust from authorised mining quarries and crushing units and transported it within the State and to Kerala, for which there was no need to obtain any prior permission as there was no provision in the mining laws. However, of late, the authorities manning the check-posts prevented the transportation on the ground that it was a mineral. Hence, the present writ petition.
Dismissing it, Justice Manikumar observed that petitioner’s contention did not satisfy the test of ‘rule of Legislative intent’. The word stone, as explained in Rule 36(1-A)(c)(ii-a) of TN Minor Mineral Concession Rules conveyed the legislative policy that ‘stone’ in whatever form and size or crushed was still a ‘stone’. If the contention of the petitioner was to be accepted, then it would not bring harmony in the rule. Contextual and purposive interpretation of the word ‘stone’ as explained, reflected the legislative intent and object. Any other interpretation would result in absurdity. “While discerning the intention behind the legislature, this court is of the view that stone, crushed or crusher dust, will fall within the definition of mineral,’’ the judge said.
Any other interpretation would not only affect the smooth working of the system, but would defeat the manifest purpose, for which the legislation had been made and on the contrary, would lead to legislative futility, the judge added.
The contention of the petitioner was untenable, the judge said and dismissed the writ petition with a direction to the departments of Geology and Mining and Industries to issue appropriate directions to all the district collectors and the authorities under the Mines and Minerals (Development and Regulation) Act, TN Minor and Mineral Concession Rules and TN Prevention of Illegal Mining, Transportation and Storage of Minerals and Mineral Dealer’s Rules and the police, for strict enforcement of the statutory provisions.
