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Madras High CourtWP/10881/2014dismissed

K. Dharmalingam v. The District Forest Officer

2017-03-28Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2017

CORAM:

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR W.P. No. 10881 of 2014 and M.P.No.1 of 2014 K.Dharmalingam .. Petitioner ..Vs..

The District Forest Officer, Salem Range and District.

.. Respondent PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, call for the records from the respondent pertaining to the impugned order through proceedings Na.Ka.No.2979/2012T,dt.30.01.2014 and quash the same. For Petitioner : Mr.P.Vijendran For Respondent : Mr.N.Inbanathan, GA (Forest)

O R D E R

The petitioner, in this writ petition, seeks for issuance of a Writ of Certiorari, call for the records from the respondent pertaining to the impugned order through proceedings Na.Ka.No.2979/2012T,dt.30.01.2014 and quash the same.

2. According to the learned counsel for the petitioner, licence to run a saw mill, was granted to the petitioner on 07.09.2012 and the period of licence expired on 07.11.2016. The respondent rejected the claim of the petitioner for transfer of licence from Karur to Salem, on 17.01.2014 and the petitioner was directed to approach the competent authority as per the guidelines issued by the Central Government. Thereafter, the petitioner approached the respondent on https://hcservices.ecourts.gov.in/hcservices/

11.02.2014 detailing the facts for transferring the licence from Karur to Salem. Aggrieved by the said order passed by the District Forest Officer, the petitioner approached this Court.

3. At the time of hearing of the writ petition, the learned counsel for the petitioner has fairly submitted that the licence period itself expired on 07.11.2016. Therefore, the petitioner may be permitted to file fresh application for transfer of licence as per the Tamil Nadu Regulation of Wood Based Industries Rules, 2010, to the aforesaid place.

4. The learned Government Advocate appearing for the respondent has submitted that if any such application is received, the same will be considered in accordance with law and as per the said Rules.

5. Taking into consideration the above submissions, this Writ Petition is dismissed, with liberty to the petitioner to approach the concerned authority as per the said Rules. If any such representation is made by the petitioner under the said Rules, the respondent is directed to consider the same in accordance with law and as per law and as per Law as expeditiously as possible. Consequently, connected Miscellaneous Petition is closed. No costs.

-Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar To The District Forest Officer, Salem Range and District.

+ 1 cc to Mr.P.Vijendran, Advocate Sr.No.19850 + 1 cc to The Special Government Pleader, (Forest) Sr.No.19446 W.P. No. 10881 of 2014 and M.P.No.1 of 2014 NMI(CO) RRI 20/04/2017 https://hcservices.ecourts.gov.in/hcservices/