Judgment :- (Petition under Article 226 of the Constitution of India praying for a writ of Certiorarified Mandamus calling for the records published in the Gazette No.15 dated 2.11.2005 in Na.Ka.No.1777/2005/Q1 dated 31.10.2005 announcing auction of quarry No.2 in S.No.139, Thalakananchery Village, Tambaram Taluk and direct the second respondent to invite application under Rule 8(10-A) of the Rules.) The Central Government brought about a Scheme called “Swarna Jayanthi Grama Surojkar Yojana Scheme (in short 'SGSY Scheme') in the year 1999, to provide self employment opportunities for families below poverty line and whose annual income is less than Rs.25,000/-. The petitioner Society was formed and registered under the Societies Registration Act in the year 2001 with an object to obtain stone quarrying leases and carry on work in the same, in order to seek benefit under such Scheme. 2.1. According to the petitioner Society, as per Rule 8(10-A) of the Tamil Nadu Minor Mineral Concession Rules, 1959, (in short 'Rules') priority should be given to SGSY groups while allotting quarry lease. The District Collector, by notification dated 23.11.2002 called for applications from SGSY groups for letting out blue metal stone quarry No.2 in S.No.139 of an extent of about 2.20 hectares in Thalakananchery Village (in short “impugned quarry”) on lease, fixing the last date for receipt of applications as 13.12.2002. The petitioner Society, in response to the said notification, applied for grant of lease of the said quarry under Rule 8(10-A) of the Rules, complying with all the requirements contemplated therein. 2.2. However, without processing the applications submitted pursuant to the notification dated 23.11.2002 issued under Rule 8(10-A) of the Rules, the second respondent issued a fresh notification dated 14.12.2002, which was published in the gazette on 19.12.2002, for leasing out the impugned quarry under Rule 8(1)(a) of the Rules, which is open to all. Hence, it was challenged by the petitioner in W.P.No.658 of 2003. 2.3. This Court, by order dated 8.1.2003 in WPMP No.801 of 2003 in W.P.No.658 of 2003, directed the respondents not to finalise the tender applications received pursuant to the notification dated 14.12.2002 issued under Rule 8(1)(a) of the Rules. The said notification was also challenged in other writ petitions, viz. W.P.Nos.414, 415, 557, 558, 559, 560, 886, 718, 1057, 1173, 1174, 1175, 2074, 2075, 3087, 3088, 4335, 4365 and 5766 of 2003 filed by the respective aggrieved parties. The said notification was also challenged in other writ petitions, viz. W.P.Nos.414, 415, 557, 558, 559, 560, 886, 718, 1057, 1173, 1174, 1175, 2074, 2075, 3087, 3088, 4335, 4365 and 5766 of 2003 filed by the respective aggrieved parties. This Court, by a common order dated 16.7.2003, quashed the notification dated 14.12.2002 and directed the respondents to consider the applications made under Rule 8(10-A) of the Rules, pursuant to the notification dated 23.11.2002, in accordance with rules. Accordingly, the second respondent considered the application of the petitioner submitted in response to the notification dated 23.11.2002 under Rule 8(10-A) of the Rules and rejected the same by order dated 29.1.2004, which is again challenged by the petitioner and other parties in W.P.Nos.2300 to 2302 of 2004. 2.4. Even though the petitioner obtained an order of exparte interim injunction in the said writ petitions, the same was subsequently vacated by this Court. Hence, the second respondent came out with a fresh notification dated 31.10.2005 issued under Rule 8(1)(a) of the Rules, which is impugned in the above writ petition. 3. The main submission of learned counsel for the petitioner is that the District Collector was not correct in issuing the impugned notification invoking the power under Rule 8(1)(a) of the Rules and instead, he should have called for tenders under Rule 8(10-A) of the Rules, or otherwise the intention of legislature in introducing Rule 8(10-A) would get defeated. 4. On the other hand, learned Government Advocate submitted that once the application of the petitioner made pursuant to the notification dated 23.11.2002 issued under Rule 8(10-A) of the Rules was rejected and in the absence of any interim order restraining the respondent to proceed with the matter further, there may not be any impediment for the second respondent to issue any fresh notification under Rule 8(1)(a) of the Rules for leasing out the impugned quarry under open category. 5. I have given careful consideration to the submissions of both sides. 6. It would be apt to refer Rules 8(1)(a) and 8(10-A) of the Tamil Nadu Minor Mineral Concession Rules, 1959 which read as under. “8. 5. I have given careful consideration to the submissions of both sides. 6. It would be apt to refer Rules 8(1)(a) and 8(10-A) of the Tamil Nadu Minor Mineral Concession Rules, 1959 which read as under. “8. Leasing of lands for quarrying minor minerals other than the minerals covered under Rule 8-A and 8-C of these Rules: (1)(a) The District Collector shall publish a notice in the District Gazette inviting tender applications in sealed cover for grant of lease of areas for quarrying minor minerals other than the minerals covered under Rules 8-A and 8-C of these Rules. Provided that in respect of stone quarries, publication of the notice in the District Gazette shall be made only after a notification is made in the District Gazette inviting applications for direct grant of leases to the special categories under sub-rule (10-A) of this Rule. An area for stone quarry lease not notified in the Notification under sub-rule (10A) shall not be included in the notice to be published subsequently under this clause. xxxx xxxx xxxx 8(10-A)(a): Notwithstanding anything contrary contained in this Rule, the District Collector shall by notification in the District Gazette published in the month of April every year call for applications for direct grant of leases of stone quarries to the Swarna Jayanthi Gram Swarozgar Yojana Scheme Groups (hereinafter called SGSY groups) registered either under the Tamil Nadu Co-operative Societies Registration Act, 1983 (Tamil Nadu Act 30 of 1983) or under the Tamil Nadu Societies Registration Act, 1975 (Tamil Nadu Act 27 of 1975) and the Societies formed by released bonded labourers, subject to the following conditions, namely:- (i) Separate application shall be made for each area for which applications are invited by the District Collector through a Notification in the District Gazette in the Form prescribed in Appendix VI-B. A challan for Rs.500/- (Rupees five hundred only) remitted towards non-refundable application fee in the concerned District Treasury shall be enclosed with the application. (ii) Any application made under this sub-rule, shall be made for an area which is located within the area of operation of the Co-operative Society or other Societies who are eligible to make applications under this sub-rule. (iii) The area of operation of the applicant society shall be specified in the applicant society's bye-laws and such area of operation of the applicant society shall be within the limits of one Panchayat area only. (iii) The area of operation of the applicant society shall be specified in the applicant society's bye-laws and such area of operation of the applicant society shall be within the limits of one Panchayat area only. (iv) The stone quarry lease shall be granted only in the name of the applicant society and not in the name of any individual. (v) The applicant society shall furnish along with its application besides other documents that are required to be submitted for stone quarry leases, an attested copy of the Certificate of Registration of the society either under the Tamil Nadu Societies Registration Act, 1975 or the Tamil Nadu Co-operative Societies Act, 1983 and a copy of the bye-laws of the society. (vi) The period of lease for stone quarrying shall be five years. For valid reasons to be recorded in writing, before publishing Notification inviting application for grant of lease, wherever the District Collector considers it necessary, the period of a lease may be fixed for a period of less than five years. (vii) All members of the society, should have worked in any stone quarry for a period of not less than two years. The District Collector concerned is authorised to issue certificate to this effect. (viii) Before publication of the Notification of areas for direct grant of leases, the District Collector should assess the minimum viable area for optimum stone quarrying by assessing the average strength of the members of the society in respective Panchayat Union. Explanations:- (1) For the purpose of inviting applications for grant of stone quarry leases under this clause, besides the newly identified areas, the areas for which the lease periods have already expired or due to expire within the financial year shall be taken into consideration. (2) For the leases granted under this sub-rule, lease deeds shall be executed only when the area is available to take possession by the lessee of the lease; and (3) For the purpose of this sub-rule, “Stone quarry” shall mean a quarry from which rough stones and size reduced stones specified in items (1)(a) and (1)(b) of Appendix-II are liable to be produced. (b)(i) The District collector shall examine all the applications received within the time-limit fixed in the Gazette Notification published under clause(a) of this sub-rule, within fifteen days from the last date fixed for receipt of applications. (b)(i) The District collector shall examine all the applications received within the time-limit fixed in the Gazette Notification published under clause(a) of this sub-rule, within fifteen days from the last date fixed for receipt of applications. Where it appears that an application is not complete in all material particulars or is not accompanied by the required documents, the District Collector shall, by a notice sent through registered post with acknowledgment due (RPAD) require the applicant to supply the omission or furnish the document, as the case may be within fifteen days from the date of receipt of the said notice by the applicant. In such a notice, the applicant shall be specifically informed that his failure to supply the omission or furnish the document within the time-limit will result in summary rejection of his application for the said default. (ii) The District Collector shall place all the applications made in response to the Notification published under this sub-rule and received within the time-limit before a Special Committee. The composition of the Special Committee, shall be as follows:- (1) District Collector - Chairman (2) President of the District Panchayat - Member (3) Chairman of the Panchayat Union in which the quarry is located - Member (4) Project Director incharge of Rural Development in the Rank of Additional -Ex-Officio Collector (Development) - -Member (5) Deputy Director of Geology and Mining/ Assistant Director of Geology and Mining of -Ex-Officio the District - Member The Special Committee shall scrutinise the applications and furnish its recommendations to the District Collector within sixty days from the date of placement of the applications before the Committee: Provided that in respect of an area for which application is made by a SGSY group, the President of the SGSY group or his nominee may be invited as a special invitee for scrutiny of the applications for that area. In case, the President of the SGSY group sends his nominee he shall produce the nomination letter of the President containing the specimen signature of the nominee. The President and his nominee shall affix their signatures in the nomination letter in the presence of a Notary Public. Scrutiny of the applications shall not be postponed only because of absence of any member or ex-officio member or the special invitee at the appointed time and ate. The President and his nominee shall affix their signatures in the nomination letter in the presence of a Notary Public. Scrutiny of the applications shall not be postponed only because of absence of any member or ex-officio member or the special invitee at the appointed time and ate. (iii) The District Collector, after obtaining the applications from the Special Committee with its recommendations, shall pass orders on the applications in accordance with the recommendations of the Committee: Provided that in case there exists difference of opinion among the members of the Special Committee, the opinion of the majority shall prevail over in that matter. Provided further that if only one application is received for an area, if the Special Committee is satisfied about the bonafide of the applicant, the District Collector shall grant the lease to that applicant. In cases where more than one applications are received for an area, preference shall be given to the society formed by released bonded labourers over the SGSY Groups. (c) In respect of leases granted under this sub-rule, all lessees besides the one time lease amount, shall pay Seigniorage fee or dead rent whichever is more, in respect of the actual quantity of the mineral removed or consumed at the rates prescribed from time to time in Appendix-II. The one time lease amount shall be equivalent to the average of the lease amount fixed by the District Collector for the stone quarry leases granted already through tender system or tender-cum-auction system within the Panchayat Union limits and where there is no quarry within that Panchayat Union limits, the average of the lease amounts of all the stone quarries in the district together: Provided that where a lease is granted to a society formed by SGSY group or released bonded labourers, they are eligible for concession of 50 percent remission in the total one time lease amount payable by them. In such cases, the balance lease amount shall be paid in four equal instalments and amount payable under each instalment shall be paid fifteen days before the commencement of each quarter of the first year of the lease period. In such cases, the balance lease amount shall be paid in four equal instalments and amount payable under each instalment shall be paid fifteen days before the commencement of each quarter of the first year of the lease period. In the event of failure to pay the lease amount within the stipulated period, the District Collector shall cancel the lease for the said default and in such cases, the defaulter society shall not be entitled for making any application any further for grant of lease under this sub-rule. (d)(i) Where there is no specific provision in respect of any other matter in this sub-rule, Rules that are applicable generally to stone quarry leases shall apply to the applicants seeking grant of stone quarry leases and for grant of stone quarry leases under this sub-rule.”(emphasis supplied) 7. From the above, it is clear that Rule 8(10-A) is appended to Rule 8 of the Rules. Under the scheme of the Rules, even as per Rule 8(1)(a), the stone quarry which is sought to be leased out shall be first notified under Rule 8(10-A) of the Rules and no area which is not notified under Rule 8(10-A) of the Rules shall be notified for leasing out under general category under Rule 8(1)(a) of the Rules, as per the proviso to Rule 8(1)(a) of the Rules. It is, in order to strengthen the proviso to Rule 8(1)(a) of the Rules, the non obstante clause is employed in Rule 8(10-A) of the Rules. In other words, the statutory preferential benefits given to SGSY Groups by introduction of Rule 8(10-A) by G.O.Ms.No.635, Industries dated 3.8.1999 would prevail over the right of the applicants in the general category pursuant to the notification issued under Rule 8(1)(a). But, once the procedure prescribed under Rule 8(10-A) of the Rules is exhausted by an appropriate notification issued under Rule 8(10-A) of the Rules as in the instant case, the non obstante clause employed in Rule 8(10-A) of the Rules shall not be construed as a permanent impediment for exercising the power conferred on the respondent under Rule 8(1)(a) of the Rules. 8. Rule 8(10-A), as it stands now, came into force by G.O.Ms.No.635, Industries dated 3.8.1999 in order to further strengthen Rule 8(1)(a) of the Rules, but not to repeal or override Rule 8(1)(a) by inserting a non obstante clause under Rule 8(10-A) of the Rules. 8. Rule 8(10-A), as it stands now, came into force by G.O.Ms.No.635, Industries dated 3.8.1999 in order to further strengthen Rule 8(1)(a) of the Rules, but not to repeal or override Rule 8(1)(a) by inserting a non obstante clause under Rule 8(10-A) of the Rules. It is well settled that non obstante clauses are not always to be regarded as repealing clauses, nor as clauses which expressly or completely supersede any other provision of the law, but merely as clauses which remove all obstructions which might arise out of the provisions of any other law in the way of the operation of the principal enacting provision to which the non obstante clause is attached. A non obstante clause is generally appended to a section with a view to give the enacting part of the section in case of conflict, an overriding effect over the provision in the same or other Act mentioned in the non obstante clause. It is equivalent to saying that in spite of the provisions of the Act mentioned in the non obstante clause, the provision following it will have its full operation or the provisions embraced in the non obstante clause will not be an impediment for the operation of the enactment or the provision in which the non obstante clause occurs. (vide: State of Bihar v. Bihar Rajya M.S.E.S.K.K.Mahasangh (2005) 9 SCC 129 ). 9. In the instant case, the respondent notified the impugned quarry under Rule 8(10-A) of the rules, received the application, considered and finally rejected the same. Therefore, pendency of writ petitions in W.P.No.2300 to 2302 of 2004 challenging the order of rejection of the application made pursuant to the notification issued under Rule 8(10-A) of the Rules, would not, by itself, be a permanent impediment for the second respondent to exercise his power conferred under Rule 8(1)(a) of the Rules; or otherwise the respondents would be deprived of the power conferred on them to augment public revenue, which would be contrary to the very intention of the legislature for framing the rules. 10. In view of the above, I am of the considered opinion that the second respondent has the power to issue the impugned notification under Rule 8(1)(a) of the Rules. Finding no merits, the writ petition is dismissed. No costs. Consequently, W.P.M.P.No.40607 of 2005 is also dismissed.