2.Learned counsel appearing for the petitioner would submit that the petitioner is the dealer in sand and other building materials and after registering with the Sales Tax Department for Tamil Nadu General Sales Tax, the petitioner has been purchasing the sand from the sand quarry, Public Works Department, Government of Tamil Nadu, transporting the same with valid transport permits issued by the concerned authorities to his stockyard. After transporting the sand, as the said sand as quarried cannot be used to building purposes, the petitioner, by engaging huge labour, has been processing the said sand with mechanised filters and by manual grading for removal of stones, dust unwanted elements such as shells etc. and making the sand fit for construction. According to the petitioner, among the quantity purchased, only 75% is fit for construction and the remaining 25% became waste. While so, when the petitioner has been purchasing the mineral from the quarry operator i.e. Public Works Department, Government of Tamil Nadu and transporting with valid permits, on 02.08.2008, the first respondent came to the petitioner's place and insisted that the purchasers of the said purified mineral/ processed sand shall obtain transport permits to transport the processed sand from the stockyard of the petitioner to the outside area. According to the petitioner, such interference amounts to contrary to law and the same affects the right to freedom of trade and commerce under Article 19(1)(g) of the Constitution of India and therefore, a writ of mandamus forbearing the respondents be issued.
