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2008 Supreme(Mad) 1358

D.MURUGESAN, V.PERIYA KARUPPIAH
A. Srinivasan & Others – Appellant
Versus
The District Collector Kancheepuram District Kancheepuram & Others – Respondent


Advocates Appeared:
For the Petitioners:V.T. Gopalan, Senior Advocate for K. Ramakrishna Reddy, K. Alagirisamy, Senior Advocate for P. Arivudainambi, AR.L. Sundaresan, Senior Advocate for Mrs. AL. Ganthimathi, Hema Sampath, Senior Advocate for Mrs. R. Subhashini, K. Muthukumarasamy, K.R. Krishnan, C. Godwin, Advocates.
For the Respondents:R. Thirugnanam, Special Govt. Pleader assisted by P. Subramanian, Government Advocate.

Judgment :-

D. Murugesan, J.

The issues raised for consideration in the writ appeals and writ petitions are common and hence they are taken up together for disposal by this common order.

2. The points projected in the writ appeals and writ petitions are as to whether the appellants/writ petitioners to whom the leases were granted for quarrying stone in the respective virgin areas prior to the amendment of sub-rule (8) of Rule 8 of the Tamil Nadu Minor Mineral Concession Rules, 1959 vide G.O.Ms.No.391 Industries (MMC-I) Department dated 17th November, 2000 are entitled to quarry only for a period of five years or are entitled to quarry for a period of ten years in terms of the amended rule and whether the said amended rule is applicable only to fresh virgin quarries.

3. Before adverting to the issues, a reference can be made to the bone of contentions on facts. It is the contention of the appellants/writ petitioners (hereinafter referred to as "the lessees") that they are the leaseholders for quarrying stone in respect of the virgin areas pursuant to the execution of the lease deeds much prior to the issuance of the G.O.Ms.No.391 Industries dated 111. 2000. By virtue of the above lea

































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