K.Ganesan, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 29.04.2016 Coram The Hon'ble Mr.Justice T.S.Sivagnanam Writ Petition Nos.16906 to 16911 of 2016 and W.M.P.Nos.14482 to 14484 of 2016 K.Ganesan ...Petitioner in W.P.No.16906 & 16907 of 2016 K.Selvaraj ...Petitioner in W.P.No.16908 & 16909 of 2016 M.Kalidas ...Petitioner in W.P.No.16910 & 16911 of 2016 Vs.
1.
The State of Tamil Nadu, rep. by the Principal Chief Conservator of Forests (Head of Forest Force) The Tamil Nadu Forest Department, Panagal Maligai, Saidapet, Chennai - 600 015.
The Wildlife Warden and District Forest Officer, Nagapattinam Division, Collectorate Complex, 329, 3rd Floor, Nagapattinam - 611 001.
...Respondents in all WPs
Petition presented under art 226 of Constitution of India, praying to issue a (i) Writ of Mandamus a)directing the 2nd respondent herein to consider the application dated 10/3/10 for Saw mill/Vaneer/Plywood/Wood Based Industries License Prior to 31.10.2010 (W.P.No.16906/16) b)directing the 2nd respondent herein to consider the application dated 13/3/14 which is Consequent to the application dated 25/8/09 for renewal of license (W.P.No.16909/16) and c)directing the 2nd respondent herein to consider the application dated 12/4/10 for renewal of license (W.P.No.16910). (ii)Writ of Certiorarified Mandamus Calling for the records of the impugned Proceedings in Na.Ka.No.36/16 dated 11/4/16 on the file of the R2 and quash the same and consequently direct the 2nd respondent to remove the lock and seal and suspend all further proceedings pursuant to the said impugned notice (W.P No.s.16907,16908 & 16911/2016)
For Petitioner : Mr.K.V.Babu For Respondents : Mr.M.K.Subramaniam Special Government Pleader assisted by Mr.N.Inbanathan Government Advocate COMMON O R D E R The prayer in W.P.Nos.16906, 16909, and 16910 of 2016, is for issuance of a writ of mandamus to direct the second respondent to consider the petitioners' applications for renewal of licence.
The prayer in W.P.Nos.16907, 16908 and 16911 of 2016, is for issuance of a writ of certiorarified mandamus, to quash the impugned orders passed by the second respondent and to direct him to remove the lock and seal and suspend all proceedings pursuant to the impugned orders.
3.
Heard Mr.K.V.Babu, learned counsel appearing for petitioners and Mr.M.K.Subramaniam, the learned Special Government Pleader, assisted by Mr.N.Inbanathan, learned Government Advocate, accepting notice for respondents. Since the issue involved in these Writ Petitions are identical in nature, with the consent of parties, the main Writ Petitions are taken up and disposed of by this common order at the stage of admission itself.
4.
According to the petitioners, their applications for grant of license is pending since 2010.
5.
As rightly pointed out by Mr.M.K.Subramaniam, the learned Special Government Pleader for respondents, the petitioners' Saw Mill Industries have been locked and sealed because they have been functioning without licence. Therefore, the petitioners cannot claim any positive direction for issuing licence by considering their applications. In any event, representations are made before the Forest Range Officer, which are yet to be considered.
6.
In the light of the above, there will be a direction to the Forest Range Officer, Nagapattinam Forest Range, Nagapattinam, to consider the petitioners' individual representations, dated 20.04.2016, and inform the petitioners the exact state of affairs, so that the petitioners can work out their remedy in the manner known to law. Since the petitioners had been operating the Saw Mill Units without licence and that the Units have been locked and sealed subsequent to the orders
passed by the Forest Range Officer, it is open to the petitioners to work out their remedy in the manner known to law. 7.
In the result, all the Writ Petitions are disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To 1.
The State of Tamil Nadu, rep. by the Principal Chief Conservator of Forests (Head of Forest Force) The Tamil Nadu Forest Department, Panagal Maligai, Saidapet, Chennai - 600 015. The Wildlife Warden and District Forest Officer, Nagapattinam Division, Collectorate Complex, 329, 3rd Floor, Nagapattinam - 611 001.
3. The Forest Range Officer, Nagapattinam Forest Range, Nagapattinam.
+6cc to Mr.K.V.Babu, Advocate Sr.27782, 27783, 27747, 27748, 27749, & 27751 +1cc to Special Government Pleader Sr.27444 Writ Petition Nos.16906 to 16911 of 2016 ksj[co] srg 18/05/2016