IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.08.2010 CORAM: THE HONOURABLE MRS.JUSTICE R.BANUMATHI AND THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.A.Nos.716 of 2000, 2044 and 2045 of 2001, 94 to 115, 159 to 162, 2308 to 2322, 2543 to 2553, 2709 to 2719, 2739 to 2753, 2796 to 2815 of 2004, W.P.Nos.1930 and 1931 of 1999, W.A.M.P.Nos.141 to 173, 262 to 268, 4272 to 4286, 4684 to 4694, 5005 to 5015, 5075 to 5080, 5083, 5084, 5089, 5169, 5171, 5173, 5175, 5177, 5179, 5181, 5183, 5185, 5187, 5189, 5191, 5193, 5195, 5197, 5199, 5201, 5203, 5205, 5207 of 2004 and 242 of 2007 and W.M.P.No.26313 of 1999 M/s. Gem Granites 58, Cathedral Road, Chennai 86 ... Appellant in WA.716/2000 vs 1.The State of Tamilnadu, rep by its Secretary to Government, Industries Department, Fort St George, Chennai 600 009. 2.The Director of Geology and Mining, Industrial Estate, Guindy, Chennai 32. ...Respondents in WA.716/2000 1.The State of Tamilnadu, rep by its Secretary, Industries Department, Fort St George, Chennai 600 009. ...1st Appellant in all WAs 2.The Commissioner of Geology and Mining, Department of Geology and Mining, Guindy, Chennai 32. ...3rd Appellant in WA.Nos.2044 & 2045/2001 ...2nd Appellant in the other WAs M/s. Imperial Granites Ltd., rep by its General Manager, Mr.R.Vedantham,59, Cathedral Road, Chennai 86. ...Petitioner in WP.1930, 1931/99 vs https://hcservices.ecourts.gov.in/hcservices/ 1.The State of Tamilnadu, rep by its Secretary to Government, Industries Department, Fort St George, Chennai 600 009. 2.The District Collector, Thiruvannamalai District. 3.The Commissioner of Geology and Mining, Industrial Estate, Guindy, Chennai 32. ...Respondents in WP.1930, 1931/99 The District Collector, Thiruvannamalai District. ..2nd Appellant in WA 2044,2045/2001 3rd Appellant in WA 99,2552,2739, 2742 & 2800/2004 The District Collector Villupuram District. ..3rd Appellant in WAs 94,96 & 98/2004 2550,2551,2544, 2710 & 2805/2004 The District Collector, Pudukkottai ..3rd Appellant in WAs 97,403,2309 to 2319,2802,2807,2808,2314,2322,2302, 2796/2004. The District Collector Dharmapuri ..3rd Appellant in WAs 100,101,104,108, 114,2709,2711,2712,2744,2713,2715,2546 2547,2316,2321,2715,2751,2718, 2799,2317,2318,2320,2740,2741, 2810,2813,2814/2004 The District Collector, Madurai District. ..3rd Appellant in WAs 2812,2716,2719,2319,2746 2803,2747/2004 The District Collector, Vellore District. ..3rd Appellant in WA 2578,2804/2004 The District Collector Trichy. ..3rd Appellant in WA 2745/2004 The District Collector, Tiruvellore ..3rd Appellant in WA 2801/2004 https://hcservices.ecourts.gov.in/hcservices/ M/s.Coramandel Agencies rep.by its Partner R.Veeramani, No.81, Second Street, Ganapthy Colony, Gopalapuram, Chennai-86 ..Respondent in WAs 2796,2812.2801, 2747,108/2004 K.Karunakaran ..Respondent in WA 2813,2814,2547/2004 Magam Inc.repted by its Partner K.Balaji, Ashok Nagar, Chennai-83. ..Respondent in WA 2548,2321,2742/2004 M/s.Enterprising Exporters rep. by its Director, K.Badrinathan, B-254,5th Street, Ashok Nagar,Chennai-83 ..Respondent in WAs 2740,2741/2004 M/s.Imperial Granites Limited rep.by its General Manager, Mr.R.Vedandtham, No.59, Cathedral Road, Chennai-86. .Respondent in WA 2044,2045/2001 2544,2746,114/2004 M/s.Pallava Granits Industries Minerals rep. by its Managing Partner Mr.K.Subba Reddy, No.10,Sriram Nagar, Noth Street, Alwarpet, Madras-18 ..Respondent in WA 94,96, 104,2710,2715 to 2719,2798,2799,2806, 2546,2317/2004 M/s. Gem Granites rep. by its Partner Mr.S.R.Asaithambi, No.58, Cathedral Road,Chennai-86. ..Respondent in WA 97,100, 101,2807,2550,2744,2745,2552,2319, 2320,2800,2802, 2803/2004 M/S.ENTERPRISING EXPORTERS REP.BY ITS PARTNER MR.K.NATARAJAN B-254, 50th Street, Ashok Nagar, CHENNAI-600 083. ...Respondent in W.A.No.98/04 W.A.No.2739/04,2740/04 2741/04. https://hcservices.ecourts.gov.in/hcservices/ M/S.POOSHYA EXPORTS PRIVATE LTD. REP.BY ITS DIRECTOR MR.K.BADRINARAYANAN B-254, 50th Street, Ashok Nagar, CHENNAI-600 083. ...Respondent in W.A.99/2004, W.A.No.2551/04. M/S.JANANI'S MINERALS (P)LTD. REP.BY ITS MANAGING PARTNER MR.K.N.RAMAJAYAM B-29, SASTRI ROAD, THILLAI NAGAR, TRICHY-620 018. ..Respondent in W.A.No.103/04, W.A.2808/04, 2309/04, W.A.2311/04, 2314/04, 2322/04 M/S ASWANI ENTEPRISES REP.BY ITS MANAGING DIRECTOR MR.K.SUBBAREDDY, NO.10,SRIRAM NAGAR, NORTH STREET, ALWARPET, MADRAS-600 018. .Respondent in W.A.No.2709/04 2805/04 M/S GALAXY ENTERPRISES REP.BY ITS PROPRIETOR MR.S.R.KUMAR, NO.8, SECOND STREET, GANAPATHY COLONY, CHENNAI-600 086. ..Respondent in W.A.2711/04 2712/04, 2713/04, WA 2804/04 MR.D.KIRUBAKARAN S/O.P.R.DURAISAMY ..Respondent in W.A.No.2714/04 MR.E.MASILAMANI S/O. ELLAPPA MUDALIAR ..Respondent in W.A.No.2810/04 and 2316/2004 K.RANGARAJ ..Respondent in W.A.No.2310/2004 TVL KARUNAI MINERALS (P) LTD REP BY ITS MANAGING DIRECTOR, K.KARUNAKARAN NO.8, 2ND BLOCK, HOSUR MAIN ROAD, MADIVALA (PO) KARAMANGALA, BANGALORE-68 ...Respondent in W.A.2318/04 W.A.No.2044/2001 in WPMP No.1613/2000 in W.P.No.1930/1999: Issue an order of Interim Direction, directing the Respondents to permit the petitioner to quarry Black Granite in Land Measuring an extent of 7.28.0 hectares in S.No.2/2, Kanalapadi Village, Thiruvannamalai Taluk and to transport the same to the place of petitioner's choice, subject to the payment https://hcservices.ecourts.gov.in/hcservices/ of all lawful levies in W.P.No.1930/1999 filed Certiorarified Mandamus/declaring Rule 8(A) 2 (iii) of Tamil Nadu Minor Mineral Concession Rules 1959, as amended by G.O.Ms.No.103 dated 13.7.1996 as ultraviras and the mines and minerals Regulation and Development Act 1957 as arbitrary and violative of Article 19(1) of the Constitution. W.A.No.2045/2001 in WMP NO.2769/1999 in WP 1931/1999: To issue an order of stay the operation of the clause in Tamil Nadu in Rule 8(A) 2 (iii) of the minor Mineral Concession Rules 1959 as amended by G.O.Ms.No.103 dated 13.7.96 Industries Department in W.P.No.1930/1999 filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus directing to call for the records of the proceedings of the 1st Respondent dated 4.11.1998 bearing Ref No.26867/MMBI/98-2 and quash the same and consequently direct the First Respondent to grant quarry lease to the petitioner with reference to the land measuring an extend of 7.28.0- hectares as Govt.poramboke land in S.No.2/2, Kanalapadi village, Thiruvannamalai Taluk; W.A.No.94/2004 in WP No.720/2002 W.A.No.96/2004 in W.P.No.941/2002 Writ of Declaration that the amendments made to Rule 8A of the Tamil Nadu Minor Mineral concession Rules by G.O.Ms.No.86 Industries (MMC2) Department dated 22.2.2001 so far it relates to the granting of quarry lease in respect of Government lands are null and Void and consequently direct the first Respondent to grant renewal of lease in respect of granite quarry lands measuring 68.36.5, hectares Comprised in S.No.22/1 situated in Vilvathy village, Sankarapuram Taluk, Villupuram District in WP No.720/2002; measuring No.40.39.5 hectares comprised in S.No.1/ situated in Melkaranai Village, Villupuram District in WP No.941/2002. W.A.97/2004 W.P.13595/2002 Writ of certiorari call for the records pertaining to the first Respondent G.O.(2D) NO.26, (Industries M.M.B.II) Depaprtment, dated 18.4.2001, pertaining to the Granite Quarry totally, measuring 20-93-5 hectares, comprised in S.Nos.93/1, 94, 95/1 and 95/2, situated in Sithannavasal Village, Illupur Taluk, Pudukottai District. WA NO.98/2004 - WP No.4119/2002 Writ of Declaration declaring that the amenedments made to Rule (SA) of the T.N.Minor Mineral concession Rules G.O.Ms.No.86 Industries (MMCZ) Department 22.2.2001, so far it resatus to the granting of quarry leases in respect of Govt., are null and void and conseqeuntly direct the first respondent to grant pracperting https://hcservices.ecourts.gov.in/hcservices/ License in respect of granite quarry lands totally measuring P.NO.13, 2.78.5 hectors situated in S.No.194/5 , 9 and 7/2 situated in Nallanpillai District, as per petral and Nagalampattu Village, Villupuram District, as per the petitioners praspacting licence application dated 10.1.2000 in WP No.4119/2002; and measuring. Measuring 17.58.0 hectares comprised in S.Nos.237, 238 and 247 situated in Arumparuthi Village, Katpadi Taluk, Vellore District, as per petitioners prasperting licence application dated 21.7.1999. : in WP No.11976/2001. Measuring 44.31.0 hectares comprised in S.No.38, situated in Melathukkuzhy Village, Villupuram District, as per petitioners prasperting licence application dated 23.7.1999. : in WP No.721/2002. Measuring 31.44.0 hectares comprised in S.No.170/1, situated in Siruvalai Village, Villupuram District, as per petitioners prasperting licence application dated 9.7.1999. : in WP No.944/2002. Measuring 8.00.0 hectares comprised in S.No.220 (Part), situated in Emalampatti Village, Melur Taluk, Madurai District, as per petitioners prasperting licence application dated 25.6.1999. : in WP No.13392/2003. Measuring 15.00.0 hectares comprised in S.No.263/5(P), situated in Soolamalai Village, Krishnagiri Taluk, Dharmapuri District, as per petitioners prasperting licence application dated 24.6.1999. : in WP No.24532/2001. Measuring 1.19.0 hectares comprised in S.No.290/1 (Part), situated in Kandappanayanapalli Village, Krishnagiri Taluk, Dharmapuri District, as per petitioners prasperting licence application dated 15.6.1999. : in WP No.24324/2001. Measuring 2.24.0 hectares comprised in S.No.41, situated in Perambur Village, Kallakurchi Taluk, Villupuram District, as per petitioners prasperting licence application dated 2.7.1999. : in WP No.12791/2002. Measuring 28.32.0 hectares comprised in S.No.263, situated in Soolamalai Village, Krishnagiri Taluk, Dharmapuri District, as per petitioners prasperting licence application dated 18.10.2000. : in WP No.24984/2002. Measuring 2.72.5 hectares comprised in S.No.358/1, situated in Chendarapalli Village, Krishnagiri Taluk, Dharmapuri District, as per petitioners prasperting licence application dated 10.8.1999. : in WP No.24534/2001. https://hcservices.ecourts.gov.in/hcservices/ Measuring 6.12.5 hectares comprised in S.No.1193/4, situated in Kodakkal Village, Walaja Taluk, Vellore District, as per petitioners prasperting licence application dated 10.1.2000. : in WP No.4117/2002. Measuring 10.00.0 hectares comprised in S.No.1/10, situated in Malayarasankuppam Village, Gingee Taluk, Villupuram District, as per petitioners prasperting licence application dated 28.6.1999. : in WP No.11644/2002. Measuring 0.90.0 hectares comprised in S.No.46/10, situated in Adasal Village, Varur Taluk, Villupuram District, as per petitioners prasperting licence application dated 21.7.1999. : in WP No.4431/2002. Measuring 20.00.0 hectares comprised in S.No.49, situated in Chikapoovathi Village, Krishnagiri Taluk, Dharmapuri District, as per petitioners prasperting licence application dated 24.6.1989. : in WP No.24547/2001. Measuring 1.64.0 hectares comprised in S.No.529/1 and 525/7 (Part), situated in Thiruvathavoor Village, Melur Taluk, Madurai District, as per petitioners prasperting licence application dated 25.6.1999. : in WP No.11948/2002. Measuring 20.00 acres comprised in S.No.104/2, situated in Ikondam-Kothapalli Village, Krishnagiri Taluk, Dharmapuri District, as per petitioners prasperting licence application dated 24.6.1999. : in WP No.11646/2002. Measuring 2.81.5 hectares comprised in S.No.49/2 (Part), situated in Sudamur Village, Palacode Taluk, Dharmapuri District, as per petitioners representation dated 10.1.2000 which was resubmitted on 9.11.2001, Kogether with fresh application : in WP No.4116/2002. Measuring 4.95.0 hectares comprised in S.No.433/6, situated in Vettavalan Village, Thiruvannamalai Taluk, Thiruvannamalai District, as per petitioners renewal application dated 10.1.2000, which was resubmitted on 11.6.2001, Kogether with fresh application : in WP No.4424/2002. Measuring 3.70.0 hectares comprised in S.No.49 (Part), situated in Thatharavasalai Village, Harur Taluk, Dharmapuri District, as per petitioners representation dated 10.1.2000 which was resubmitted on 9.11.2001, Kogether with fresh application : in WP No.4426/2002. Measuring 4.50.0 hectares comprised in S.No.45/2 (Part), situated in Soodarur Village, Palacode Taluk, Dharmapuri District, as per https://hcservices.ecourts.gov.in/hcservices/ petitioners representation dated 10.1.2000 which was resubmitted on 9.11.2001, Kogether with fresh application : in WP No.4427/2002. Measuring 0.86.0 hectares comprised in S.No.99/2, situated in Agarampallipattu Village, Chengam Taluk, Thiruvannamalai District, as per petitioners representation dated 12.10.1999 which was resubmitted on 18.6.2001, Kogether with fresh application : in WP No.4428/2002. Measuring 15.00 Acres comprised in S.No.113/2, situated in Sulikunda Village, Dheenkanikattai Taluk, Dharmapuri District, as per petitioners prasperting licence application dated 29.6.1999. : in WP No.11647/2002. Measuring 20.00 Acres comprised in S.No.239 (P), situated in Thongamalai Village, Kulithalai Taluk, Trichy District, as per petitioners prasperting licence application dated 25.6.1999. : in WP No.11950/2002. Measuring 15.00 Acres comprised in S.No.1, situated in Idayapatti Village, Madurai North Taluk, Madurai District, as per petitioners prasperting licence application dated 25.6.1999. : in WP No.12789/2002. Measuring 8.00.0 hectares comprised in S.No.220 (Part), situated in E.Malampatti Village, Melur Taluk, Madurai District, as per petitioners prasperting licence application dated 25.6.1999. : in WP No.13392/2002. 2-31-50, Hectare Comprised in S.No.317/5 situated in sathanur village, Sengam Taluk, Thiruvannamalai Distrist, as per the petitioners Revenual application, dated 10.1.2000, which was resubmisste on 27.9.2001, together with fresh Application in W.P.4429/2002, and measuring 10-00 Areas Suituated in Krishnasamy Molai Village, pennagaram Taluk, Dharmapuri District as per the petitioners, prasperting license Application dated 30.6.99 in W.P.11649of 2002. and Measuring 1.64.0 Hectares in S.Nos.529/1 and 525/7 (part) situated in Thiruvathavur Village Melur Taluk, Madurai District as per the petitioners; prasperting license application dated 25.6.99 in W.P.11648/2002: and measuring 1.59-0 hectares comprised in S.No.95/1, Situated in Sithannavasal Village Illespur Talu, Pudukkottai Distrist as per the petitioners prasperting license application dated 29.6.99 in W.P.No.14068/2002 and measuring 5-50- Hectares comprised in Survey S.F.No.285, Situated in Adhikara-patti Viilage pappiredipathi Taluk, Dharmapuri District as per the petitiner, prasperting license application dated 11.12.2000, in W.P.25111/2002. https://hcservices.ecourts.gov.in/hcservices/ and measuring 10.0 Areas comprised in Survey No.113/2, situated in Sulikunda Village, Dharkarikattai Taluk, Dharmapuri District as per the petitioners preasperting license application dated 28.6.1999 in W.P.13394/2002; and measuring 20-00 acres comprised in Survey No.1, situated in Javalagiri Village, Dhankanikottai Taluk, Dharmapuri District, as per the petitioners prasperting license application dated 1.7.99 in W.P. 12790/2002; and measuring 32-78-0 hectares comprised in S.No.250 situated in Solamalivillage, Harur Taluk, Dharmapuri District as per the petitioners prasperting lincese application dated 5.12.2000 in W.P.No.24982/2001; Survey S.F.No.95 situated in Madikuppam village, Krishnagiri Taluk, Dharmapuri District, as per the petitioners, praspertaing license application dated 5.6.2000 in W.P.24983/2002, and measuring; 15.88.0 hectares comprised in survey S.F.No.63, situated in Thircherai Village, Melur Taluk, Madurai District as per the petitioner's prasperting license applicaation dated 19.2.2000 in WP.No.24985/2002 and measuring 4-89-5 hectares comprised in survey No.281, situated in Gavindapatti Village, Karur Taluk, Dharmapuri Dsitrict as per the petitioners praspecting license application dated 5.12.2000 in W.P.25110/2002; and measuring 85-85-5 hectares, comprised in survey S.F.No.104/2, situated in Ikonthom kothapalli, village, Krishnargiri Taluk, Dharmapuri District, as per the petitioners praspecting license application dated 5.12.2000 in W.P.25112/2002; and measuring 7-00-0 hectares comprised in Survey Nos.35/6(part) 35/8 (part) and 80/3 (part) situated in Irumbali Village, Kolathur Taluk, Pudukkottai Districdt as per the petitioners prasperting license dated 9.7.99 in w.P.942/2002. and measuring 50-00-0 hectares, comprised in Survey No.44/1, situated in, petharmapuram Village, Pallipattu Taluk, Thiruvllur District, as per the petitioners prasperting license application dated 15.11.99 in W.P.13397/2002 and measuring 3-18-0 hectares/comprised in S.Nos.80/2, 80/3 (P) 80/4, situated in Irumbali Village, Kulathur Taluk, Pudukkottai District, as per the petitioners prasperting license application dated 5.7.99 in W.P.No.11951/2002; https://hcservices.ecourts.gov.in/hcservices/ Writ of Peclaration declaring that the amendments made to Rule 8-A of the Tamilnadu Mionr Mineral concession Rules by G.O.Ms.No.26. Industries (MMC-2) Department dated 22.2.2001 so far it relates to the granting of Quarry leases in respect of Goverment lands are rull and void and consequently direct the first Respondent to grant prasperting lecense in respect of gransuite quarry lands measuring 34.08.5 hectares, comprised in S.No.213, suituated in Amoor Village, Malur Taluk, Maduari District in W.P.11949/2002 Writ of certiorar call for the records pertaining to the Ist respondent G.O.(D) No.155 (Industries MMB-1) Department dated 27.6.2001, pertaining to teh grasuite quarry lands measuring 6-00- 0 hectares comprised in S.No.26/1, situated in Vellalarpatti Village, chengam Taluk, Thiruvannamalai District in W.P.13480/2002 W.P.13594/2002 13579/2002 and measuring 24.43.5 hectare and 0-79.0 hectares comprised in S.No.124/1 and 124/3 situated in s.Kallur Village, Thirukoilur Taluk, Villupuram District, as per the petitioner prasperting license application dated 9.7.1999 in W.P.943/2002; and measuring 11-75 Acres adn comprised in Survey Nos.169 and 168, situated in Jawalagiri Village, Dhenkarikottai Taluk, Dharmapuri District, as per the petitioners presperting license application dated 1.7.1999 in W.P.11973/2002; and measuring 20-00 acres, comprised in survey No.1, situated in Mdakkal village, Dhenkarikattai Taluk, Dharmapuri District, as per the petitioners prasperting license application dated 1.7.99 in W.P.11974/2002; and masuring 20-00 acres comprised in Survey No.168/1, situated in Ikanthamkothapalli Village, Krishnagiri Taluk, Dharmapuri District as per the petitioenrs prasperting license application dated 8.7.99 in w.P.11975/2002 and measuring 5-40-5 hectares comprised in. Writ of Certiorari call for the records petaining to the first respondents G.O.(2D).No.61, Industries (E2) Department dated 19.09.2001, pertaining to the granite quarry lands measuring 0-86- 0 hectares comprised in Survey S.F.No.165/2 situated in Keerapatti Village, Harur Taluk, Dharmapuri District in WP.24987/2001 ; WP.24986/2001 and mearing 0 - Writ of Mandamus directing the respondents to receive and re consider the petitions mining lease application dated 29.06.1999 which was returned by the 3rd respondents memo bearing Dis.No.672/99(G) dated 29.02.2000 pertaining to quarry lands measuring 1-80-0 hectares, comprised in S.No.271/2, situated in https://hcservices.ecourts.gov.in/hcservices/ Parambalur Village, Illupur Taluk, Pudukkottai District and grant mining lease in WP.No.14792/2002. measuring 1-59-0 hectares comprised in S.No.95/1, siutated in Chithanavasal Village, Illupur Taluk, Pudukkottai District and grant mining lease in WP.14095/2002 memo bearing Dis.No.677/99(G) dated 29.2.2000 pertaining to quarry lands measuring 1-59-0 hectares, comprised in S.No.95/1 situated in Chithanavasal Village, Illupur Taluk, Pudukkottai District and grant mining lease in WP.14094/2002. bearing Dis.No.676/99(G) dated 29.02.2000; pertaining to quarry lands measuring 10.00.0 hectare, comprised in S.No.86/1, situated in Narthamalai Village, Kulathur Taluk, Pudukkottai District and grant prospecting licence. (WP.No.14173/2002) bearing Dis.No.678/99(G) dated 29.02.2000 ; pertaining to quarry lands measuring 4-00-0 hectares, comprised in S.No.80/2; 80/3; 80/4 and 35/4, situated in Irumbali Village, Illupur Taluk, Pudukkottai District and grant mining licence. (WP.No.14067/2002) bearing Dis.No.678/99(G) dated 29.02.2000 ; pertaining to quarry lands measuring 4-00-0 hectares, comprised in S.No.80/2; 80/3; 80/4 and 35/4, situated in Irumbali Village, Illupur Taluk, Pudukkottai District and grant mining licence. (WP.No.14066/2002) Application dated 15.07.1999 which was returned by the 3rd respondent memo bearing K.Dis-1654/99 dated 04.03.2000 pertaining to quarry lands measuring 4-03-0 hectares comprised in S.Nos.341/5 ; 342/2 and 343 situated in Sulamalai Village, Krishnagiri Taluk, Dharmapuri District and grant quarrying lease (WP.No.19516/2002) bearing Dis.No.679/99(G) dated 29.02.2000 ; pertaining to quarry lands measuring 4-00-0 hectares, comprised in S.No.80/2; 80/3; 80/4 and 35/4 (Part), situated in Irumbali Village, Illupur Taluk, Pudukkottai District and grant propecting licence. (WP.No.14009/2002) measuring 85-85-5 hectares, comprised in Survey SF.No.104/2; situated in Ikonthamkothapalli Village, Krishnagiri Taluk, Dharmapuri District, as per the petitioners, prospecting licence application dated 05.12.2000 (WP.No.24981/2001) Writ of Mandamus directing the Respondents to receive and consider the petitioner's quarrying lease application dated 15.07.1999 which was returned by the 3rd respondent's memo bearing K.Dis.1654/99 (A.Mines) dated 01.03.2000 pertaining to quarry lands measuring 4-03-0 hectares comprised in S.Nos.341/5, 342/2 and 343 situated in Subamalai Village, Krishnagiri Taluk, Dharmapuri District (WP.No.19517/2002). https://hcservices.ecourts.gov.in/hcservices/ For Respondent/1st Respondent : Mr.V.T.Gopalan,Sr.Counsel in W.A.Nos.94, 96, 97, 99 to 101, and Mr.K.Ramakrishna Reddy 103, 104, 2309, 2311, 2314, 2316 to 2320, 2322, 2544, 2546 to 2548, 2550, 2552, 2709 to 2719, 2739 to 2747, 2796, 2805 to 2808, 2812 to 2814 of 2004 2310, 2317, 2321, 2551, 2714, 2739 to 2742, 2744, 2804 & 2810/04 : No appearance For Respondent in W.A.Nos.2044,: Ms.Nalini Chidambaram 2045 of 2001, 2739, 2742, 2800 : Sr.Counsel for Ms.C.Uma to 2804 of 2004 and 108, 114 Mr.A.Abdul Hameed of 2004 and for Appellant and Mr.H.Mohammed Rafi in W.A.Nos.716 of 2000 and for Petitioner in W.P.Nos.1930 and 1931 of 1999 2800 to 2804/04, 2739, 2742/04 For Respondent in W.A.Nos. : No Appearance 98, 2308, 2310, 2312, 2313, 2315, 2317, 2319, 2321, 2543, 2545, 2549, 2551, 2553 2714, 2739 to 2753, to 2804, to 2811 and 2815 of 2004 For Respondents in W.A.No.716 of : Mr.P.S.Raman,Advocate 2000 and for Appellant in 2044 and General assisted by 2045 of 2001, 94 to 107, 108 to Mr.R.Thirugnanam, 115, 159 to 162,2308 to 2322, 2543 Spl.Govt.Pleader (Writs) to 2553, 2709 to 2719, 2739, 2740, 2741, 2742, 2743, 2744 to 2748, 2753, 2796 to 2815 of 2004 and for Respondent in W.P.Nos. 1930 and 1931 of 1999 JUDGMENT R.BANUMATHI,J. Writ Appeals except W.A.No.716 of 2000: These Writ Appeals arise out of common order in W.P.Nos.24199 of 2001 etc., batch, whereby the learned single Judge struck down Rule 8-A of the Tamil Nadu Minor Mineral Concession Rules, 1959 as amended by G.O.Ms.No.86, Industries/MMC, dated 22.2.2001 is contrary to the Granite Conservation and Development Rules, 1999, as the State Government has not carried out the scheme of Granite https://hcservices.ecourts.gov.in/hcservices/ Conservation and Development Rules and ultra vires Section 18 of Mines & Minerals (Development & Regulation) Act, 1957. Since all the Writ Appeals arise out of common order and the Writ Petitions also involve determination of same points, the Writ Petitions and all the Writ Appeals were heard together and disposed off by this common judgment. 2. For conservation and systematic development of and scientific mining to conserve the granite resources and to prescribe a uniform frame-work with regard to systematic and scientific exploitation of granite throughout the Country, Government of India introduced the Granite Conservation and Development Rules, 1999 (in short, "GCD Rules") and it came into effect from 1.6.1999. Introduction of prospecting licence and submission of approved mining plan, grant of lease for 20 years with provision of renewal, etc., are some of the features of the GCD Rules. The Government of Tamil Nadu in G.O.4(D) No.3/Industries/ MMB2/dated 29.10.1999 have constituted a committee to examine in detail the GCD Rules with the existing provisions of Tamil Nadu Minor Mineral Concession Rules, 1959 (in short, "TN MMC Rules) and to suggest necessary amendments to TN MMC Rules. The Committe was also requested to consider the new draft Tamilnadu Granite Conservation Rules, 1999 proposed by the Commissioner of Geology and Mining. 3. The Committee carefully considered the provisions contained in GCD Rules and also the then existing provisions of TN MMC Rules. Based on the recommendations of the Committee, the Government of Tamilnadu amended the provisions of TN MMC Rules vide G.O.Ms.No.86/Industries/MMC/ dated 22.2.2001 after duly considering the provisions of GCD Rules stipulating the procedure for obtaining mining lease for quarrying granite and retaining the tender-cum-auction system for grant of lease in respect of granite quarrying lease. By the amendment, "prospecting licence" is not envisaged for grant of licence in respect of Government lands. Rule 19-A of TN MMC Rules stipulates grant of prospecting licence and for quarrying granite in respect of patta lands. According to the Government, TN MMC Rules are in consonance with GCD Rules and as per the powers delegated to the State Government under Section 15 of the Mines & Minerals (Development & Regulation) Act, 1957 (in short, "MMDR Act"). 4. The Respondents/ Quarry operators have challenged the amendments made to Rule 8-A of TN MMC Rules by G.O.Ms.No. 86/Industries/MMC/ dated 22.2.2001 so far as it relates to granting of quarry lease in respect of Government lands as null and void and consequently sought for a direction to the Government to grant prospecting licence in respect of lands indicated in the Writ Petitions. In the Writ Petitions, the Respondents/Writ Petitioners averred that GCD Rules direct the grant of prospecting licence on application and after prospecting, on application, https://hcservices.ecourts.gov.in/hcservices/ quarry lease has to be granted and the Appellant – State Government cannot frame rules contrary to the GCD Rules. It was further averred that by virtue of GCD Rules, 1999, the Writ Petitioners have got statutory right to apply for prospecting and mining leases in respect of any granite bearing lands, whereas the Government by the impugned G.O. has taken away the rights to obtain prospecting licence. The plea of Respondents was that when the Central Government has provided a uniform Government policy throughout the country by bringing GCD Rules with effect from 1.6.1999 and in the TN MMC Rules there is no provision for prospecting licence and statutory right created by the GCD Rules has been taken away and the State Government is denuded of the power to legislate contrary to the said Rules. The Respondents/Writ Petitioners have challenged the amended TN MMC Rules by contending that once the Central Government has framed the rules State Government is denuded of its powers to frame any rules contrary to the said rules and the amended Rules - 8-A sub- rule 3(a) and 5(c) and Rule 8-A Sub-rule (2)(a)(iii) and Sub-rule (9)(g) and (h) are ultra vires the Section 15 of MMDR Act and GCD Rules. 5. The State Government resisted the Writ Petitions contending that the TN MMC Rules is in consonance with GCD Rules and as per the powers delegated to the State Government under Section 15 of the MMDR Act. 6. The learned single Judge held that the scheme of GCD Rules contemplate grant of prospecting licence and while so the State Government cannot refuse to entertain such applications stating that there is no provision in the TN MMC Rules for dealing with such applications. Learned single Judge further held that no Rule was framed by the State Government for the purpose of granting prospecting licence and State Government cannot take the stand that the State Government is empowered to evolve its own procedure for the grant of licence for quarrying granite. Referring to Rule 15 of the GCD Rules, the learned single judge observed that as per Rule 15, Government has to receive the applications and take decision on the same in accordance with law without rejecting the same and Rule 8-A of the TN MMC Rules calling for applications by way of tender and preventing the Writ Petitioners from making application for prospecting licence with respect to grant of quarry lease is inconsistent with the GCD Rules. The learned single Judge struck down Rule 8-A of TN MMC Rules holding that it is contrary to GCD Rules and is ultra vires Section 15 of the MMDR Act as the State Government has not carried out the scheme of GCD Rules strictly. The finding of the learned single Judge reads as under: ".... the impugned Rule 8-A of the Rules 1959 is struck down as it gives