M/S.Ganesha Saw Mill, v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.02.2015

CORAM

THE HON'BLE MR. JUSTICE M.DURAISWAMY W.P.No.4930 of 2015 M/s.Ganesha Saw Mill rep.by its Prorpietor, M.Ganesan

...Petitioner

Vs.

1. State of Tamil Nadu, rep.by its Principal Chief Conservator of Forests, Head of Forest Force, No.1, Jennings Road, Panagal Buildings, Saidapet, Chennai-600 015

2. The Member Secretary, Central Empowered Committee, II Floor, Chanakya Bhavan, Chanakyapuri, New Delhi 110 021

3. Chairman and Additional Principal Chief Conservator of Forests, Panagal Maaligai, Saidapet, Chennai-600 015

4. The District Forest Officer, Namakkal District

...Respondents

Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus to direct the respondents to consider the petitioner's application dated 14.5.2012 under Tamil Nadu Regulation of Wood based Industries Rules, 2010 for running the petitioner's saw mill at Workshop line 3, Sankari Main Road, Seetharampalayam P.O., Tiruchengode Taluk, Namakkal District by placing it before the State Level Committee.

For Petitioner :

Mr.S.Dhayaleswaran For Respondents : Mr.N.Inbanathan,G.A.

(Forest)

ORDER

The petitioner has filed the above writ petition to issue a writ of mandamus directing the respondents to consider the petitioner's application dated 14.5.2012 under Tamil Nadu Regulation of Wood based Industries Rules, 2010, for running a saw mill at Workshop line 3, Sankari Main Road, Seetharampalayam Post, Tiruchengode Taluk, Namakkal District, by placing it before the State Level Committee.

2.Mr.N.Inbanathan, learned Government Advocate takes notice for the respondents and he submitted that the fourth respondent may be directed to consider the petitioner's application and dispose of the same within a stipulated time.

3. It is the case of the petitioner that they have given application on 14.5.2012 and even after a lapse of nearly three years, the fourth respondent has not considered the same.

4. Having regard to the submissions made by the learned counsel on either side and in view of the limited prayer sought for by the petitioner, without expressing any opinion regarding the merits of the case, I direct the fourth respondent to consider the application of the petitioner, dated 14.5.2012 and dispose of the same on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

5. The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar

msk To

1. The Principal Chief Conservator of Forests, Head of Forest Force, No.1, Jennings Road, Panagal Buildings, Saidapet, Chennai-600 015

2. The Member Secretary, Central Empowered Committee, II Floor, Chanakya Bhavan, Chanakyapuri, New Delhi 110 021

3. Chairman and Additional Principal Chief Conservator of Forests, Panagal Maaligai, Saidapet, Chennai-600 015

4. The District Forest Officer, Namakkal District 1 CC to the Spl. Government Pleader (Forest), SR.No. 10246 W.P.No.4930 of 2015 KK (CO) PSI (09.03.2015)