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Madras High CourtWP/8656/2017disposed of

G.Subramani v. The Principal Chief

2017-04-13Honourable The Chief Justice,Honourable Mr Justice M. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.04.2017

CORAM

The HON'BLE MS.INDIRA BANERJEE, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.SUNDAR W.P.No.8656 of 2017 G.Subramani .. Petitioner vs.

1. The Principal Chief Conservator of Forest, Panagal Maaligai (Head Office) Saidapet, Chennai - 600 015.

2. The District Forest Officer, Dharmapuri Division, (Near District Collector's Office) Dharmapuri District - 636 705.

.. Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the second respondent to issue of license to a certain extent for not more than necessary so as to curb the menace of deforestation in the Dharmapuri District in view of the representation dated 23.08.2016.

For Petitioner : Mr.Arivazhagan For Respondents : Mr.M.K.Subramanian Government Pleader

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This writ petition filed in public interest relates to the grant of licenses to the Saw Mills, which according to the petitioner, would result in deforestation and consequential environmental degradation.

2. The petitioner has made a representation dated 23.08.2016 to respondent Nos.1 and 2, which according to the petitioner, is yet to be considered.

3. Mr.M.K.Subramanian, learned Government Pleader appearing on behalf of respondent Nos.1 and 2 submits that Central Empowered Committee has been constituted by the Supreme Court of India by its order dated 09.05.2002 in W.P.(Civil) No.202 of 1995 [Godavarman Thirumulpad v. Union of India and others] to monitor the grant of licenses. Grant of licenses will be monitored by the Central Empowered Committee. Further more, the authorities shall be granting license in accordance with the Tamil Nadu Regulation of Wood Based Industries Rules, 2010.

4. The learned Government Pleader submits that the representation of the petitioner, a copy whereof has been enclosed at page No.8 of the typed set of papers, will be considered by respondent No.2 before any licenses are granted.

5. The writ petition is thus disposed of with a direction on respondent No.2 to consider the said representation of the petitioner in accordance with law in the light of the Tamil Nadu Regulation of Wood Based Industries Rules, 2010 and the orders of the Supreme Court of India in this regard within a fortnight from the date of communication of this order. No costs. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar

bbr To:

1. The Principal Chief Conservator of Forest, Panagal Maaligai (Head Office) Saidapet, Chennai - 600 015.

2. The District Forest Officer, Dharmapuri Division, (Near District Collector's Office) Dharmapuri District - 636 705.

+1cc to the Special Government Pleader Sr.22667 +1cc to M/S.S.Arivazhagan, Advocate Sr.22424 W.P.No.8656 of 2017 vd[co] srg 21/04/2017