Selvanathan v. The Principal Chief Conservator Of Forest
1 WP No.15357 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.06.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.15357 of 2023 Selvanathan Petitioner vs.
1. The Principal Chief Conservator of Forest, Government of Tamil Nadu, No.1, Jeeni's Road, Panagal Building, Saidapet, Chennai 600 015.
2. The Divisional Conservator of Forests, Trichy Circle, J.K.Nagar, Trichy - 23
3. The Wild Life Warden (Licensing Authority) Nagapattinam Forest Division, Collectorate Campus, Nagapattinam - 611 003
4. The Forest Ranger, Nagapattinam Forest Range, III Floor, Collector's office, Nagapattinam - 611 003 ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st respondent to consider and dispose of the Appeal filed on 22.07.2019 by the
2 WP No.15357 of 2023 petitioner herein against the order dated 11.09.2017 passed by the 2nd respondent.
For Petitioner : Mrs.P.Veena Suresh For Respondents : Mrs.S.Mythreye Chandru, Special Government Pleader
O R D E R
This writ petition has been filed for the issue of writ of Mandamus directing the 1st respondent to dispose of the appeal / representation dated 22.07.2019 made by the petitioner against the order passed by the 2nd respondent dated 11.09.2017, within the time frame fixed by this Court.
2.
Heard Mrs.P.Veena Suresh, learned counsel for the petitioner and Mrs.S.Mythreye Chandru, learned Special Government Pleader for respondents.
3.
The petitioner claims that they were running a Saw Mill after receiving license from the competent authority. During the year 2004, Tsunami struck Nagapattinam District and as a result, the entire saw mill was damaged / destroyed.
3 WP No.15357 of 2023 4.
The petitioner approached the competent authority seeking for renewal of license to run the saw mill. In the meantime, a lock and seal notice was issued by the 3rd respondent dated 28.03.2014. The petitioner was called for an enquiry by the 2nd respondent and the 2nd respondent passed an order on 11.09.2017 rejecting the claim made by the petitioner seeking for renewal of license. Aggrieved by the same, the petitioner filed an appeal / representation before the 1st respondent on 22.07.2019. Since, the same was not considered, the petitioner made a representation to the 1st respondent on 03.12.2022 and the same also did not evoke any response. Left with no other alternative remedy, the present writ petition has been filed before this Court seeking for appropriate directions.
5.
Taking into consideration the limited relief sought for in this writ petition and without going into the merits of the case, there shall be a direction to the 1st respondent to dispose of the appeal / representation made by the petitioner on 22.07.2019 on its own merits and in accordance with law within a period of six weeks from the date
4 WP No.15357 of 2023 of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the 1st respondent along with copy of the appeal / representation dated 22.07.2019 and all the relevant documents along with a copy of this order.
6.
This writ petition is disposed of with the above directions. No costs.
02.06.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order rka
5 WP No.15357 of 2023 To
1. The Principal Chief Conservator of Forest, Government of Tamil Nadu, No.1, Jeeni's Road, Panagal Building, Saidapet, Chennai 600 015.
2. The Divisional Conservator of Forests, Trichy Circle, J.K.Nagar, Trichy - 23
3. The Wild Life Warden (Licensing Authority) Nagapattinam Forest Division, Collectorate Campus, Nagapattinam - 611 003
4. The Forest Ranger, Nagapattinam Forest Range, III Floor, Collector's office, Nagapattinam - 611 003
6 WP No.15357 of 2023 N. ANAND VENKATESH, J.
rka W.P No.15357 of 2023 02.06.2023