M/S.Glowida Tradwings Rep.By v. The Secretary To Goverment

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DHANDAPANI W.P.No.9732 of 2004 M/s. Glowide Tradwings represented by its Proprietor Moosa, No.1, Rizwan Road, Jambuli, Chennnai-600 060.

.. Petitioner Vs.

1. The Secretary to Government Environment & Forests Department, Fort St. George, Chennai-600 009.

2. The Principal Chief Conservator of Forests, Panagal Buildings, Saidapet, Chennai-600 015.

3. The District Forest Officer, Chingleput Division, Kanchipuram.

4. S.V.Rajalinga Raja The Forest Range Officer, Headquarters Range, D.M.S. Buildings, Chennai-600 006.

.. Respondents Writ Petition is filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records on the file of the second respondent relating to the impugned order dated 03.12.2003, bearing Ref. No.D2/66129/2003, quash the same and consequently direct the second respondent to transfer all the enquiries/investigations against the petitioner from the fourth respondent to some other independent officer. For Petitioner :

No Appearance For Respondents 1 to 3 :

Mr.M.Santhanaraman Special Government Pleader

ORDER

The petitioner filed this Writ Petition challenging the impugned order dated 03.12.2003, bearing Ref. No.D2/66129/2003 passed by the second respondent and consequently directing the second respondent to transfer all the enquiries/investigations against the petitioner from the fourth respondent to some other independent officer.

2. Heard the learned counsel for the respondents 1 to 3.

3. The petitioner is a popular manufacturer of forest wood and there were cases launched against the petitioner and the enquiry is in progress. The present writ petition is filed, challenging the impugned order dated 03.12.2003, wherein the first respondent passed order for transfer of enquiry officer and consequently direct the second respondent to transfer the enquiries against the petitioner from the fourth respondent on the individual capacity in the writ petition to some other independent officer. The very same dispute was raised by the petitioner in Writ Petition No.31241 of 2003 before this Court to consider the petitioner's representation dated 03.11.2003 seeking transfer of enquiry officer. As per the direction of this Court, after considering the representation, the request for transfer of Enquiry Officer was rejected. Challenging the said order, the present Writ Petition is filed.

4. Further, the learned Special Government Pleader appearing for the respondents 1 to 3 would submit that during the pendency of the writ petition the fourth respondent attained superannuation. Hence, request for change of Enquiry Officer does not arise even otherwise fresh Enquiry Officer will take incharge of the matter and the relief sought for in the writ petition has become infructuous.

5. Recording the same, this Writ Petition is closed. No costs.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar

uma To

1. The Secretary to Government Environment & Forests Department, Fort St. George, Chennai-600 009.

2. The Principal Chief Conservator of Forests, Panagal Buildings, Saidapet, Chennai-600 015.

3. The District Forest Officer, Chingleput Division, Kanchipuram.

+1cc to the Special Government Pleader (Forest) SR. 52034 W.P.No.9732 of 2004 BR(CO) VR(17/8/2017)