A.Arul Muller Rajan v. The District Forest

IN THE HIGH COURT OF JUDICATUE AT MADRAS

DATED: 22.08.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN A.Arul Muller Rajan .. Petitioner Vs 1.The District Forest Officer-cum-Licensing Officer, Villupuram Forest Division, Villupuram - 605602.

2.The Principal Chief Conservator of Forests, Saidapet, Chennai - 15.

3.The Conservator of Forests, Villupuram Circle, Poonthottam, Villupuram - 605602.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India seeking for issuance of a writ of mandamus directing the first respondent to consider the representation of the petitioner dated 06.02.2019 for transfer of Saw Mill License from petitioner's father to that of the petitioner.

For Petitioner : Mr.S.Natarajan For Respondents : Dr.T.Seenivasan, Spl.GP 1/4

ORDER

The writ petition has been filed for a direction to the first respondent to consider the representation dated 06.02.2019 of the petitioner for transfer of Saw Mill Licence to his name from the name of his father.

2. The petitioner's father was running a Saw Mill in the name and style of "Raja Timbers" and the licence was held in the name of his father. While being so, the petitioner submitted an application for transfer of licence in his name.

3. The first respondent has filed a counter affidavit. Learned Special Government Pleader appearing for the respondents would submit that Tamil Nadu Regulation of Wood Based Industries Rules, 2010, has been framed and accordingly, State Level Committee is the authority to perform the functions, namely, (a) to assess the availability of timber in the State by way of appropriate study on demand and supply as and when it decides and shall devise suitable mechanism for sustainable use of timber in a way that 2/4

does not affect the forests of the area adversely; and (b) to approve the name of wood based industries which may be considered for grant of fresh licence or enhancement of the existing licensed capacity in case the Committee is satisfied that timber is available legally for the said new Wood Based Industries, such as, trees outside forests, forests, etc.;

4. As per the above said provision, State of Tamil Nadu has now constituted a State Level Committee and therefore, for renewal/transfer of licence, the petitioner has to approach the State Level Committee, which is formed under the second respondent, in the manner known to law. With this direction, the writ petition is disposed of. No Costs. 22.08.2024 rkm 3/4

G.K.ILANTHIRAIYAN, J.

rkm To 1.The District Forest Officer-cum-Licensing Officer, Villupuram Forest Division, Villupuram - 605602.

2.The Principal Chief Conservator of Forests, Saidapet, Chennai - 15.

3.The Conservator of Forests, Villupuram Circle, Poonthottam, Villupuram - 605602.

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