M.M. Sundresh, J.

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. Rule 38-13 of the Tamil Nadu Minor Minerals Concession Rules, 1959 is as follows:

"38-B. Transport of Sand outside the State not to he made:---- No transport of sand covered under Rule 38-A of these rules shall be made across the border of other States."

4. The brief facts of the case are as follows:

An order was passed by a Division Bench of the Honble High Court dated 26.07.2002 directing the State Government to