Tamil Nadu’s reply sought on plea challenging mineral transport ban

MADURAI: The Madurai Bench of the Madras High Court on Monday (August 3) directed the Tamil Nadu government to file a detailed counter affidavit on a petition challenging the three-month ban imposed on the transportation of rough stone, jelly, M-Sand and other minerals to neighbouring States.

Liphin Ponnusamy Leela of Vilavancode, Kanniyakumari district, filed the petition contending that the blanket ban imposed by the State government on the transportation of minerals across Tamil Nadu's borders had brought his lawful business to a standstill, causing immense financial distress and resulting in a breach of existing commercial contracts.

The petitioner submitted that the State government had issued a Government Order on July 27, 2026, inserting Rule 3-A into the Tamil Nadu Prevention of Illegal Mining, Transportation and Storage of Minerals and Mineral Dealers Rules, 2011, thereby empowering the Director of Geology and Mining, Chennai, to implement the ban.

The petition also claimed that if the State sought to impose restrictions on inter-State trade under Article 304(b) of the Constitution in the name of public interest, such an amendment could not come into force without the mandatory prior sanction of the President of India

When the case came up for hearing before a Division Bench comprising Justices CV Karthikeyan and S Sakthivel, the petitioner's counsel, said that a similar attempt by the Gujarat government to restrict the inter-State movement of minor minerals had been struck down by the Supreme Court. The apex court had also held that the power conferred on State governments under Section 23-C of the Mines and Minerals (Development and Regulation) Act, 1957, was confined to framing rules for preventing illegal mining, transportation and storage of minerals.

The State, however, submitted that the order had been issued only to streamline the system and that it was a temporary measure that would remain in force for three months.

After hearing both sides, the Bench directed the State government to file a detailed counter affidavit and adjourned the case to August 10.