Judgement

G. N. RAY, J.:- This appeal and the connected matters are directed against the judgment dated 16th June, 1993 passed by the Division Bench of the Madras High Court in Writ Petition No. 5793 of 1993. The Writ Petitioner Durai Raju Naidu moved the aforesaid writ petition before the Madras High Court for a declaration that Rule 39 of the Tamil Nadu Minor Mineral Concession Rules, 1959 (hereinafter referred to as the Mineral Concession Rules) as unconstitutional and void. The said Writ Petitioner contended inter alia that he was granted lease with respect to quarry in Survey No. 782/1 in Kulathur village and he had been agitating before the State Government for the renewal of the said lease but he apprehended that the concerned authorities were likely to exercise their prerogative under the said Rule 39 to grant lease to somebody else and in order to safeguard his interest, the Writ Petition was moved by him for the aforesaid declaration.

2. To sustain the challenge to the said Rule 39, the Writ Petitioner, Shri Naidu, urged two main grounds, namely, (a) The State Government had no power to frame a rule deviating from the Mineral Concession Rules already made in exercise of the