IMPORTANT POINTS
Although no hard and fast rule can be laid down on the question of delay, hopelessly belated writ is not maintainable.
If certain rights have been decided on the basis of the law which was obtaining at that time, the judicial decision will not be nullified unless the bases are taken out.

JUDGMENT

A.K. MATHUR, J. —

Leave granted.

2.This appeal is directed against the order passed by the Division Bench of the Madras High Court dated 13.7.2006 whereby the Division Bench of the High Court has dismissed the writ petition filed by the appellant- M.P. Ram Mohan Raja and disposed of the writ appeal filed by S. Ramilarasi in view of the affidavit filed by the State Government. Hence, aggrieved against the order passed by the Division Bench dismissing the writ petition the present appeal has been filed by the appellant.

3.Brief facts giving rise to this appeal are the appellant- writ petitioner (hereinafter to be referred to as the writ petitioner) applied to the State Government in the Industries Department on 2.2.1996 under Rule 39 of the Tamil Nadu Minor Mineral Concession Rules, 1959 (hereinafter to be referred to as ‘the Rules’) for grant of quarry lease for quarrying jelly and rough stone for a period of 20 years from the poramboke lands over an extent of 3.64 hectares in survey No.782/2 and over an extent of 2.36 hectares in survey No. 777/4A of Ayyamkollankondam village, Rajapalayam Taluk, Kamarajar District. Rule 39 of the Rules conferred power on the State Government to grant or renew quarry lease or permission in special cases. The validity of the said rule was affirmed by this Court in Premium Granites & Anr.v. State of Tamil Nadu & Ors.1 [(1994) 2 SC 691]. This Court held the rule as valid but the action of the State Government can always be subject to challenge. The writ petitioner approached the High Court of Madras by filing writ Petition No.6931 of 1996 making a grievance that his application under Rule 39 of the Rules was not disposed and as such he prayed for a direction to the State Government to dispose of his application made under Rule 39 of the Rules. By order dated 14.6.1996 the High Court disposed of the writ petition by directing the State Government to consider the application of the writ petitioner and dispose of the same within a period of four weeks from the date of receipt of copy of the order and also directed the State Government to maintain status quo in the meantime. However, on 27.6.1996 within a period of four weeks Rule 39 was repealed by the State Government. Consequently, the application of the writ petitioner came to be rejected by order dated 8.10.1996. Subsequently, the District Collector put certain lands for auction in 2003. One of the two lands for which the writ petitioner had applied for grant of lease, was also put to auction. After seven years, the writ petitioner filed the present writ petition being W.P.No.13791 of 2003 seeking a writ of certiorari to quash the order dated 8.10.1996 and to direct the first respondent to consider the application of the writ petitioner dated 2.2.1996 for grant of lease for quarrying jelly and rough stone under Rule 39 of the Rules as it stood at the relevant time.

4.The writ petition was admitted on 29.4.2003. By an interim order dated 27.2.2004 learned Single Judge permitted the writ petitioner to carry on quarrying operation of jelly and rough stone in the said land. The said order was challenged by the State Government in Writ Appeal No.1750 of 2004. Thereafter, learned Single Judge passed some clarificatory order against which an appeal was preferred by the State Government but the same was also dismissed. The interim order dated 27.2.2004 passed by learned Single Judge was challenged by a private party namely, S.Tamilarasi in Writ Appeal No.453 of 2006 alleging that taking advantage of the order of learned Single Judge the writ petitioner has unauthorisedly encroached upon the lease-hold land granted in his favour and started quarrying operation in the said land. Hence, both these matters were clubbed together by consent of parties and were disposed of by the High Court by the common impugned order. It may be relevant to mention here that earlier Rule 8-C of the Rules was introduced in 1977 by which grant of lease for quarrying