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 constitute a Committee of experts consisting of Geologists, Environmentalists and Scientists to study the river and riverbeds in the State with reference to the impact of the sand quarrying. The Honble High Court directed the said Committee to submit a report and further directed the Government to take necessary steps to arrest the exploitation and improve the situation. While passing the order this Court has observed as follows:

"Rivers are being plundered by a powerful mafia controlling the sand mining business.

The illegal trade is driven by the unholy nexus between contractors, politicians, trade union leaders, panchayat and Revenue Officials and corrupt policemen, making a mockery of the regulations imposed by the Government. Contractors who quote marginal amounts for auction rights go on to make a killing, extracting many time the permitted amount of sand as enforcement agencies turn a blind eye"

In compliance with the directions of the Honble High Court, a six member high Level Committee was constituted by the Government in G.O.Ms. No.(2D) No.46, Industries Department, dated 25.09.2002. The Committee of the experts in turn gave their report pointing out that illicit, indiscriminate and haphazard sand mining has led to deepening of the river beds, widening of the rivers, damage to Civil structures, depletion of ground water table, degradation of ground quality, damages to the rivers system and reduction of bio-diversity.

Based upon the recommendation of the High Level Committee, the Government of Tamil Nadu introduced Rule 38-A of the Tamil Nadu Minor Minerals Concession Rules, 1959 by way of G.O.Ms. No.95, Industries Department, dated 010. 2003. The objective of the said Government order was to eliminate indiscriminate and unscientific sand quarrying and also to prevent further damage as noted by the High Level Committee. Accordingly, in the said Rule the right to exploit sand in the State of Tamil Nadu became vested with the Government through the Public Works Department.

5. The above said rule was challenged by lease holders in a batch of Writ Petitions and the Honble 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 Honble Supreme Court and the Honble Supreme Court has also upheld the validity of the Rule in State of Tanzil Nadu v. P. Krishnamurthy, 2006 (4) SCC 517.

6. Thereafter, the Government of Tamil Nadu introduced Rule 38-B of the Tamil Nadu Minor Minerals Concession Rules, 1959 purporting to exercise the power under Section 15(1) of the Mines and Minerals (Development and Regulation) Act, 1957. The validity of the said Rule is put in issue in the Writ Petitions. The Writ Petitions have been filed by the petit