T.Suyamburaj v. Environment And Forests Department

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA T.Suyamburaj ... Petitioner Vs.

1. The District Forest Officer, O/o.District Forest Officer, Rajpal Street, Manjakuppam, Cuddalore District.

2. The Forest Ranger, O/o.Forest Ranger Office, Viruthachalam Range, Viruthachalam, Cuddalore District.

3. Revathi ... Respondents PRAYER : Writ Petition filed under Article 226 of Constitution of India, to issue Writ of Mandamus to direct the respondents 1 & 2 to issue interim permission for running the saw mill in name and style of K.S.R.Saw Mill in R.S.No.95A, Survey No.140/3 at K.S.R.Nagar, Thittakudi, Cuddalore district in pursuant to petitioner representation dated 07.05.2025. For Petitioner : Mr.P.Muthamizhselvakumar

For Respondents : Mr.M.S.Premkumar Government Advocate for R1 & R2

O R D E R

This writ petition is filed for issuance of a writ of mandamus to direct the respondents 1 & 2 to issue interim permission for running the saw mill in name and style of K.S.R.Saw Mill in R.S.No.95A, Survey No.140/3 at K.S.R.Nagar, Thittakudi, Cuddalore district, in pursuance to the petitioner's representation dated 07.05.2025.

2. With the consent of both side counsels the main writ petition is taken up for disposal.

3. The petitioner's father established a saw mill in the name and style of 'S.R.Saw Mill' in R.S.No.95A Survey No.140/3 at K.S.R.Nagar, Thittakudi, by obtaining a valid license in License No. 152/2013 for running the mill. The petitioner's father died in the year 2015. The petitioner's father during his life time periodically renewed the forest license issued by the respondents. After his father's demise, the petitioner took control of the saw mill, but due to family feud's, he was not able to renew the license. Later the petitioner paid the fee of Rs.10,000/- to the District Treasury for renewal of license. Even after receiving

the aforesaid amount, the respondents did not consider the petitioner's request for renewal of the license. Meanwhile, the petitioner met with a road accident and was bedridden for 4 years.

4. After his recovery the petitioner resumed his efforts for renewal of license, by sending a representation on 22.12.2023, to all the respondents, but they did not respond to his representation. Therefore, the petitioner filed W.P.No.974 of 2024, and this Court disposed of the writ petition by directing the petitioner to work out his remedy before the proper forum in view of the pendency of the suit in O.S.No.115 of 2023, before the District Munsif Court, Thittakudi, initiated by the third respondent. Whileso, the electricity board issued notice to the petitioner for disconnection of electricity, and the same was challenged by the petitioner in W.P.No.13316 of 2024. In the said writ petition, this Court directed the respondents therein, to consider the petitioner's representation within a period of 12 weeks.

The petitioner states that the pendency of the suit has no connection with the renewal of license. The petitioner further states that since the license was not renewed and the saw mill was not running for more than 4 years, now, the petitioner sent a representation on 07.05.2025, to the respondents seeking interim permission.

was taken by the respondents on the petitioner's representation, the petitioner filed the above writ petition for the aforesaid relief.

5. At the time of hearing the learned counsel for the petitioner prayed that it would be suffice if this Court directs the 2nd respondent to dispose of the petitioner's representation dated 07.05.2025, within a time frame to be fixed by this Court.

6. The learned Government Advocate appearing for the respondents 1 & 2 prayed for reasonable time to dispose the representation.

7. Heard the learned counsel on either side and perused the materials available on record.

8. Taking into consideration the facts and circumstances of the case and the limited relief sought by the learned counsel for the petitioner, this Court directs the second respondent to dispose of the petitioner's representation dated 07.05.2025, by affording an opportunity of personal hearing to the petitioner as well as to the 3rd respondent, and thereafter pass appropriate orders on merits

and in accordance with law, within a period of six weeks, from the date of receipt of a copy of this order.

9. With the above direction, the writ petition is disposed of. No costs. 10.06.2025 dpq Index : Yes /No Speaking Order : Yes/No To

1. The District Forest Officer, O/o.District Forest Officer, Rajpal Street, Manjakuppam, Cuddalore District.

2. The Forest Ranger, O/o.Forest Ranger Office, Viruthachalam Range, Viruthachalam, Cuddalore District.

N. MALA, J.

dpq

10.06.2025