(Writ Petitions filed under Article 226 of the Constitution of India for the issuance of writ of declaration declaring Rule 8-E of the Tamil Nadu Minor Mineral Concession Rules, 1959 as introduced by G.O.Ms.No.603 Industries Department, dated 17.9.1998 and the consequential proceedings of the 2nd respondent made in Ref.A/G&M/1615-98-1 dt. 18.12.98 as unconstitutional and illegal.)

Common Judgment:

P.K. Misra, J.

In this batch of writ petitions, the petitioners, who are the holders of leases granted under the provisions of erstwhile Rule 39 of the Tamil Nadu Minor Mineral Concession Rules, 1959 (hereinafter referred to as "the Rules") have challenged the validity of Rule 8-E, which has been introduced as per G.O.Ms.No.603 Industries Department, dated 17.9.1998.

2. First of all it is necessary to have a bird's eye view of the various Constitutional and statutory provisions.

Entry 54 of List I of 7th Schedule of the Constitution of India is to the following effect:-

"54. Regulation of mines and mineral development to the extent to which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest."

Entry 23