D SIVAKUMAR Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) HEARD the learned Senior Counsel for the petitioners and the learned Additional Advocate General for respondents.

(2.) IN view of the common issues involved in the two Writ Petitions and also in view of the fact identical prayers have been sought for on same grounds a common order is passed in the Writ Petitions. These two Writ Petitions have been filed seeking a Writ of declaration, declaring Rule 38-B of the Tamil Nadu Minor Minerals Concession Rules, 1959, which is introduced by way of a Government Order in G.O.Ms. No.158, INdustries (MMC I) Department, dated 25.08.2008 as illegal, ultra vires, Section 15 of the Minor and Minerals (Development and Regulation) Act, 1957 and Articles 14, 19(1)(g) and 301 to 304 of the Constitution of INdia.

(3.) THE above said rule was challenged by lease holders in a batch of Writ Petitions and the Honourable High Court in State of Tamil Nadu v. P. Krishnamoorthy, 2004 (4) MLJ 418, upheld the validity of the said rule. Not being satisfied with the same, the matter was taken to the Honourable Supreme Court and the Honourable Supreme Court has also upheld the validity of the Rule in State of Tanzil Nadu v. P. Krishnamurthy, 2006 (4) SCC 517.