Judgment :- Ramachandran Nair, J. 1. Writ Appeals are filed against common judgment of the learned single Judge declaring clause (e) of sub rule (1) of Rule 8 of the Kerala Minor Mineral Concessions Rules, 1957, hereinafter called the "Rules" as invalid and impermissible under the enabling provision contained in Section 15 of the Mines and Minerals (Development and Regulation) Act, 1957. In the WPC taken up along with Writ Appeals, the prayer is for direction to the respondents to permit the petitioner to use mechanical device for mining sand. We have heard counsel appearing for appellants, counsel for the petitioner, Government Pleader for State and it's agencies and standing counsel appearing for the Velloor Grama Panchayath. 2. Petitioners in the WPCs are wet land owners who challenged the above Rule on the ground that mechanical mining of sand in the neighbouring paddy lands permitted under the Rule causes various problems to them and destruction of their property. However, in the Writ Appeal stage, petitioners even after receipt of notice, have not appeared in Court either through counsel or in person. The above rule declared invalid by the learned single Judge confers right on the permit holder to mine sand using mechanical device. For easy reference we extract herein below the rule impugned in the WPCs and the enabling provision under which the same was prescribed by Government: 8. Conditions on which quarrying permit shall be granted: (1) Every quarrying permit granted under rule 4 shall be subject to the following conditions, namely:- .................. (e) Quarrying permit holder shall have the right for the purpose of the quarrying to use any mechanical devices including jackhammer and pump. (2) Every quarrying permit granted under rule 4 shall be subject to such other conditions as the competent authority or the officer granting the permit, as the case may be, may deem necessary in regard to the following matters, namely: .................. Section 15. Power of State Governments to make rules in respect of minor minerals:- (1) The State Government may, by notification in the Official Gazette, make rules for regulating the grant of (quarry leases, mining leases or other mineral concessions) in respect of minor minerals and for purposes connected therewith. Section 15. Power of State Governments to make rules in respect of minor minerals:- (1) The State Government may, by notification in the Official Gazette, make rules for regulating the grant of (quarry leases, mining leases or other mineral concessions) in respect of minor minerals and for purposes connected therewith. (1A)In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) the person by whom and the manner in which, applications for quarry leases, mining leases or other mineral concessions may be made and the fees to be paid therefor; ................. (e) the procedure for obtaining quarry leases, mining leases or other mineral concessions; (f) the facilities to be afforded by holders of quarry leases, mining leases or other mineral concessions to persons deputed by the Government for the purpose of undertaking research or training in matters relating to mining operations; (h) the manner in which the rights of third parties may be protected (whether by way of payment of compensation or otherwise) in case where any such party is prejudicially affected by reason of any prospecting or mining operations: The contention raised by the petitioners in the WPC and accepted by the learned single Judge was that Section 15 does not enable the State to make Rule 8(1)(e) confe