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2019 Supreme(Mad) 1768

S.MANIKUMAR, SUBRAMONIUM PRASAD
Namakkal District Stone Crusher, Rep. , by its Secretary, P. Mani – Appellant
Versus
State of Tamil Nadu, Rep. by its Secretary to Government, Industries Department, Chennai – Respondent


Advocates Appeared:
For the Petitioner:V.T. Gopalan, K. Ramakrishna Reddy, V. Sanjeevi, Senior Counsels, V.P. Sengottuvel, K. Krishnan, Advocate.
For the Respondents:Vijay Narayanan, Advocate General Assisted by V. Jayaprakash Narayan, Government Advocate (Incharge), C. Vigneshwaran, Goutham Venkatesh, Government Advocate.

JUDGMENT :

S. Manikumar, J.

1. Common prayer in all the writ petitions is for a Declaration, declaring Rules 8, 9, 10 & 11 of the Tamil Nadu District Mineral Foundation Rules, 2017, introduced by the 1st respondent by G.O.Ms.No.57, Industries (MMD-1) Dept., dated 19.05.2017, published in Tamil Nadu Government Gazette Extraordinary bearing No.143, dated 19.05.2017 and G.O.Ms.No.90, Industries (MMD-1) Dept., dated 27.07.2017, published in Tamil Nadu Government Gazette Extraordinary bearing No.248, dated 27.07.2017, as illegal, ultra vires, null and void.

2. As pleadings and submissions are common, all the writ petitions are disposed of, by this common order.

3. It is the case of the petitioners that Mines and Minerals (Development and Regulations) Act, 1957 (Central Act 67 of 1957) is to provide for the development and regulation of Mines and Minerals under the control of Union of India, enacted by the Parliament and the same came into force on 01.06.1958. The main object of the Act is to conserve minerals. As per Section 2 of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as the “Act”), the entire mining field is under Union Control. Section 13 of

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