Tamilnadu Quarry and Crusher Owners Welfare Association, Rep. by its Secretary, A. Narayana Perumalsamy v. Commissioner of Geology & Mining, ThiruVika Industrial Estate, Guindy, Chennai
2026-06-01
D Bharatha Chakravarthy
body2026
DailyLaw.ai
ORDER : D.BHARATHA CHAKRAVARTHY, J. W.P.(MD).No.10033 of 2026 is filed by the Indian Drivers Society, a society registered in the State of Kerala, challenging the order, dated 22.01.2026 of the second respondent, insofar as it mandates exclusive integration of GPS/VLTD devices with the MIMAS portal through M/s.Xenovax Technologies (P) Ltd., and consequently, to direct the respondents to permit integration through any of the 37 AIS-140 compliant VLTD manufacturers approved by the Government of Tamil Nadu, or directly by the end users, including the mine owners, lessees, vehicle owners, and mineral dealers engaged in the transportation of minerals, or any other competent vendor. 2. At the outset, this Court was of the view that the Drivers cannot be persons aggrieved by the subject matter relating to the fixation of GPS instruments, integration with the Government Portal and monitoring the movement of the vehicles transporting minerals. Paragraph No.2 of the affidavit that the society is involved in transporting goods within the State of Kerala and also across Tamil Nadu and Kerala was noted. In reply, the learned Counsel submitted that many of the members of the society are owners-cum-drivers, and they are also mineral dealers. 3. It seems a misnomer to call the petitioner “Drivers Societyâ€. If they are also owners of the vehicles and are involved in the business of transporting minerals, they are persons aggrieved, and this Writ Petition was entertained. 4. The crux of the allegations is that the third respondent, M/s.Xenovax Technologies Private Limited, was chosen as the sole portal integration vendor without any due process of tender. When directions were issued in W.P.No.28880 of 2022 to integrate GPS into the MIMAS Portal, no direction was given to involve the third respondent. When 37 vendors were approved, from whom GPS integration was to be made, directions to integrate only through the third respondent are illegal and violate the fundamental right to carry on business. While the devices are worth only Rs.3,540/-, the bill is issued for Rs.7,000/- for GST purposes, and actually a sum of Rs.15,000/- is collected for every vehicle, and thus the third respondent is unlawfully misusing its monopoly and fleecing the members of the petitioner. The Tamil Nadu arrangement stands directly in contrast with the Kerala arrangement, which is fair and transparent. 5.
The Tamil Nadu arrangement stands directly in contrast with the Kerala arrangement, which is fair and transparent. 5. Upon entertaining the Writ Petition, this Court posed specific queries with reference to the grievance of the petitioner, upon which, the learned Additional Advocate General made submissions, placing reliance on the written communication, dated 16.04.2026. It is submitted that the Commissioner of Geology and Mining decided to develop Vehicle Tracking System software and accordingly, engaged the third respondent at a cost of Rs.22,53,800/-. The Government had engaged M/s.SISL Infotech Private Limited at a cost of Rs. 22,42,267/- per year for hosting the system on the cloud. The Government had approved a list of 37 Vehicle Location Tracking Device manufacturers for the procurement of AIS-140 GPS instruments. 6. The Government has not fixed any cost for GPS installation. The third respondent is engaged only with the defined scope of end-to-end computerisation of mining operations, with a sub-component of integrating GPS with the MIMAS portal. The third respondent is not a manufacturer. No charge is levied for integrating GPS with the MIMAS portal, and there is no question of the third respondent charging any money from the vehicle owners. 7. By placing reliance on the counter-affidavit filed, the learned Senior Counsel appearing on behalf of the third respondent would submit that a tender was called for by TNeGA on 21.11.2020 to carry out the design, development and implementation of the Mining Tenement System. As the successful bidder, the third respondent was awarded the work, and all integration work in the MIMAS portal is handled by the third respondent. The scheme for fixing GPS in vehicles carrying mines and minerals was adopted and awarded to the third respondent on 02.12.2022. Except for integration, the third respondent has no role in the purchase or installation of GPS devices. The allegation that the third respondent is only procuring the device, fixing and installing, and integrating for a higher price of Rs.15,000/-, is specifically denied. The learned Senior Counsel would point out that even some of the advertisements produced by the writ petitioner seem to be pamphlets issued by third parties. 8. A representative of the third respondent present in Court also explained the process. The GPS equipment of the specified type has to be procured from authorised vendors. The first step involves fixing and connecting the device to the vehicle, which requires mechanical work.
8. A representative of the third respondent present in Court also explained the process. The GPS equipment of the specified type has to be procured from authorised vendors. The first step involves fixing and connecting the device to the vehicle, which requires mechanical work. The second step is the installation and integration with the software, which includes a step-by-step process, including entering the OTP. The vehicle automatically gets connected to the MIMAS portal, and for this purpose, it is not even necessary to bring the vehicle to the office of the third respondent. 9. I have considered the rival submissions. Thus, like any other device installation and integration, this requires a bit of technical knowledge. If local mechanics or middlemen advertise that they will do everything, including procurement, fixing, installation, and integration, for a cost of Rs.15,000/- or Rs. 18,000/-, it is for vehicle owners to reject the offer and buy devices and fix and integrate them on their own. There is no material on record to conclude that this is an organised effort by the third respondent or by the Government, or that any scam or fraud is involved in this. 10. It is made clear that it will be open to the members of the petitioner society to procure the equipment themselves from the open market, from any approved vendor meeting the mandated specification, and to fix, connect, and integrate it on their own if they are adequately equipped to do so, or to engage any third party for those services. The amounts charged in respect thereof are between them and such third parties. Certainly, it is for the owners of the vehicles to seek bills/invoices. 11. With the above clarifications and observations, the Writ Petition in W.P. (MD).No.10033 of 2026 stands disposed of. 12. W.P.(MD).No.10568 of 2026 is filed by the Tamil Nadu Quarry and Crusher Owners Welfare Association, challenging the memo of the third respondent, dated 12.03.2026, inasmuch as it directs the purchase of GPS AIS-140 instruments only from 37 registered dealers. 13. It must be noted that the present Writ Petition is filed by the Quarry and Crusher Owners Welfare Association. When this Court enquired how they are aggrieved, it was submitted that they also own vehicles, and accordingly this Writ Petition is entertained. 14.
13. It must be noted that the present Writ Petition is filed by the Quarry and Crusher Owners Welfare Association. When this Court enquired how they are aggrieved, it was submitted that they also own vehicles, and accordingly this Writ Petition is entertained. 14. Primarily, the learned Counsel argued the same ground of fleecing the owners by charging up to Rs.18,000/- for installation and also relied upon the receipts/invoices issued by third parties in this regard. The same are resisted and dealt with by the respondent as mentioned supra, and the issue is answered with the same findings and observations made in paragraph Nos.8 and 9 supra. 15. Additionally, it is submitted that the impugned memorandum is illegal as it violates the Tamil Nadu Minor Mineral Concession Rules, 1959 and that there is no provision in the Prevention of Illegal Mining, Transportation & Storage of Minerals & Mineral Dealers Rules, 2011. It is further submitted that no liability should be fastened on the quarry owners. 16. The submissions are rejected. Firstly, apart from a physical check, this is only a technologically/digitally enabled way of monitoring. When there are provisions to print the starting time, destination, time limit for transportation, etc., in printed form, such as a Trip Sheet/invoice, monitoring the trip and movement, including the timings and route, would be well within the jurisdiction of the respondents and fall within the e-governance authorised by Section 4 of the Information Technology Act, 2000 . Secondly, such arguments cannot now be made against the order of the Hon’ble Division Bench in W.P.No.28880 of 2022. 17. Yet another argument was raised with reference to the State’s power to enumerate vendors and the vehicle owners’ freedom to choose any standard equipment. The said contention need not be entertained or decided in the instant case because, (a) a deadline is stipulated by the Hon’ble Division Bench and the contention is raised by the quarry owners to stifle the exercise at the last minute; (b) the Government has also not enlisted one or two manufacturers but has enlisted as many as 37 manufacturers available in the market, and no pleading is made that, apart from 37, if the petitioner is purchasing from any other person, how they are benefited by price or the standard of the equipment.
As such, the argument in the facts of this case reduces itself to a hyper-technical one, and, considering the larger public interest involved in the exercise, the same need not be considered or answered. 18. Accordingly, with the above observations and clarifications as contained supra, W.P.(MD).No.10568 of 2026 is disposed of. 19. This combination of the Associations of Tamilnadu Quarry and Crusher Owners and Kerala Vehicle Owners has demonstrated integration, purchase, and fixing (of GPS AIS-140). Let them co-operate in strict compliance with the directives of the Hon’ble Division Bench of this Court in W.P.No.28880 of 2022, which is a step towards enhancing transparency. 20. There shall be no order as to costs. Consequently, connected miscellaneous petitions stand closed.