The Planters Association Of v. S.Jayachandran,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.09.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.M.SUNDRESH Review Application No.105 of 2016 (W.P.No.27405 of 2012) The Planters Association of Tamil Nadu, Rep. By its Secretary B.Ramkumar.

.. Applicant -vs1.S.Jayachandran 2.The Secretary to Govt. of Tamil Nadu, Environment and Forest Dept., Secretariat, Fort St. George, Chennai 600 001.

3.The Principal Chief Conservator of Forests, Panagal Maligai, Saidapet, Chennai 600 015.

4.M/s.The Nilgiris Timber Merchants and Saw Mill Owners Association, Nilgiris District.

5.Karu.Vetrivel 6.M.Alwas 7.Coimbatore-Nilgiris Districts Timber Merchants, Forest Contractors and Saw Mill Owners Association, Through its Senior President.

8.V.R.Premchand 9.R.Sivaraj

10.Shevaroy Planters Association, Rep. By its Chairman.

11.The Member Secretary, Central Empowered Committee, 2nd Floor, Chankya Bhawan, Chanakyapuri, New Delhi 110 021.

.. Respondents Review Application filed under Order XLVII Rule 1 read with Section 114 of CPC to review the order dated 28.04.2016 passed in W.P.No.27405 of 2012 on the file of this court. For Petitioner :

Mr.Vijay Narayanan, Sr. Counsel for Mr.S.Kalyanaraman * * * * *

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The grounds sought to be urged before us by the learned Senior Counsel for the applicant based on the TANTEA report referred to in the judgment of the Hon'ble Supreme Court in T.N.Godavarman Thirumulkpad vs. Union of India, 1997 AIR SCW 1263, was never urged before us by the applicant nor the judgment cited, but it is now sought to plead that it formed a part of the counter-affidavit and that the State Government urged some thing in this behalf. 2.We must reject both the grounds. We are not expected to go through the counter-affidavit with a magnifying glass and to give a

go-by to all the submissions of the parties urged in Court and the pleadings on their behalf. Secondly, in so far as any aspect being raised by the State Government is concerned, the same has not come before us in review alleging that something has been missed out as urged.

3.Our order is based on the fact that there was absence of sufficient material before the State Government while passing the order.

4.Review Application stands dismissed finding no error apparent on the face of record. No costs.

(S.K.K., CJ.) (M.M.S., J.) 26.09.2016 Index : Yes/No Website : Yes/No sra To 1.The Secretary to Govt. of Tamil Nadu, Environment and Forest Dept., Secretariat, Fort St. George, Chennai 600 001.

The Hon'ble Chief Justice and

M.M.Sundresh, J.

(sra) 2.The Principal Chief Conservator of Forests, Panagal Maligai, Saidapet, Chennai 600 015.

3.The Member Secretary, Central Empowered Committee, 2nd Floor, Chankya Bhawan, Chanakyapuri, New Delhi 110 021.

Rev.Aplw.No.105 of 2016 26.09.2016