Where statutory rule prescribes a period same must be complied.

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 lease deeds, the lessees are entitled to quarry stone for a period of five years from the date of execution. During the currency of lease, the Government Order dated 111. 2000 came into force. Hence, by virtue of the above said Government Order, they are entitled to quarry stone for a period of ten years irrespective of the period fixed in the original lease, namely, five years to some lessees and less than five years for some other lessees, but were permitted to quarry for the full period of five years pursuant to the orders of this Court.

4. For disposal of the writ appeals and writ petitions, we would only refer to the facts as put forth by one of the lessees, namely, the appellant in W.A.No.287 of 2005. The appellant-lessee became the successful bidder in respect of the stone quarry measuring 5.00.0 Hectares comprised in Survey No.99 (Part) quarry no.5 situate in Keerapakkam village, Chengelpet Taluk, Kancheepuram District and the lease deed was executed on 6. 97 and the same was duly registered. The lease runs for a period of five years from 6. 97 to 6. 2002. Survey No.99 (part) was divided into six bits and were called as quarry nos.1 to 6. Quarry no.5 was leased out to the appellant-lessee and the quarry was virgin on the date of the lease. As the quarry was virgin, the lessee had to develop the area for putting into commercial production and consequently the quarrying operation could not be effectively carried for a full period from the date of execution of the lease deed. Hence representations were made by the lessees similarly placed to the Government both collectively and individually seeking for extension of the lease period and on the basis of the representations alone, the Government issued G.O.Ms.No.391 Industries dated 111. 2000 amending sub-rule (8) of Rule 8 of the Tamil Nadu Minor Mineral Concession Rules, 1959 permitting the grant of lease for a period of ten years to virgin areas instead of five years. As the lease of the appellant-lessee was to end on 6. 2002, he made an application on 310. 2001 requesting the District Collector, Kancheepuram to extend the lease for a further period of five years from the date of expiry of the lease in terms of the above Government Order. The said application was rejected by the proceedings dated 212. 2001 on the ground that as per the amended sub-rule, the lease could be granted only in respect of virgin area and as the land was already subjected to quarrying operation, the area cannot be considered to be virgin. Hence, the said amendment is not applicable.

5. The said Government Order was questioned in the writ petition on the ground that the amendment will apply to the existing lessees, as the amendment relates to only procedural aspects. The said writ petition was resisted by the respondent, t