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Madras High CourtWP/21269/2024disposed of

Anthoniappa Mathias v. The Principal Chief Conservator Of Forest

2024-07-29Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.07.2024

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.21269 of 2024 Anthoniappa Mathias Proprietors M/s LIGNO WOOD WORLD No.39, Qutoras Road, Goonipalayam, Uthukottai, Thiruvallur District - 602 026.

.. Petitioner

Versus

1. The Principal Chief Conservator of Forest No.1, 8th Floor, Panagal Maligai Buildings, Jeenis road, Saidapet, Chennai - 600 015.

2. The Chief Conservator of Forest No.259, Anna Salai, DMS Compound, II Floor, Teynampet, Chennai - 600 006.

3. The District Forest Officer, Collectorate Master Complex, Thiruvallur - 602 001.

...Respondents

Prayer: This petition is filed under article 226 of the Constitution of India to issue a writ of Mandamus directing the respondent to issue the possession licence for the 147 Red Sander Wood/Timber held by the 1/6

petitioner at Survey No.253/2A1A, Thervoy Kandikai, Uttukottai Taluk, Thiruvallur District based on the petitioner's representation dated 15.05.2024 within the time within the time to be stipulated by this Court and pass orders.

For Petitioner : Mr.R. Ragavendran For Respondents :Dr.T. Seenivasan Special Government Pleader

ORDER

This writ petition is filed seeking a writ of Mandamus directing the respondent to issue the possession licence for the 147 Red Sander Wood/Timber held by the petitioner at Survey No.253/2A1A, Thervoy Kandikai, Uttukottai Taluk, Thiruvallur District based on the petitioner's representation dated 15.05.2024 within the time to be stipulated by this Court and pass orders..

2.Mr.T.Seenivasan, Special Government Pleader takes notice for the respondents.In view of the consent expressed by the learned counsel appearing for either side, this petition is taken up for final disposal. 2/6

3. It is the case of the petitioner that the petitioner is running a proprietor concerned in the name and style of " LIGNO WOOD WORLD". The 3rd respondent has already granted cutting permission to the petitioner vide proceedings dated 19.02.2022 in Na.Ka.No.376/2002/L. As such he was doing his business only after obtaining licence from the authorities concerned. When this being the case he has entered into an agreement with M/s JSSN Exim Private Limited and there was some dispute in performing the contract, due to which a suit was filed and the agreement was lapsed. Therefore, the petitioner has applied for a possession licence on 27.06.2023 to the third respondent. Despite receiving the application and all requisite documents, the third respondent has not considered the same. Hence, the petitioner made a representation with regard to the said issue to the respondents on 15.05.2024. The grievance of the petitioner is that the representation is not considered till date. Hence, this petition.

4. The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the third respondent to consider 3/6

petitioner's application dated 15.05.2024 and pass orders.

5. The learned Special Government Pleader appearing for the respondents submitted that they consider the case of the petitioner and take action in the manner known to law as early as possible

6. Considering the facts and circumstances of the case and the limited relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the case directs the respondents to consider the petitioner's representation dated 15.05.2024, by affording an opportunity of personal hearing to the petitioner and pass orders on merits and in accordance with law within a period of four months from the date of receipt of a copy of this order.

7. With the aforesaid direction, this Writ Petition stands disposed of. No costs.

29.07.2024 Speaking order : Yes/No 4/6

Index : Yes/No smn To

1. The Principal Chief Conservator of Forest No.1, 8th Floor, Panagal Maligai Buildings, Jeenis road, Saidapet, Chennai - 600 015.

2. The Chief Conservator of Forest No.259, Anna Salai, DMS Compound, II Floor, Teynampet, Chennai - 600 006.

3. The District Forest Officer, Collectorate Master Complex, Thiruvallur - 602 001.

5/6

V.BHAVANI SUBBAROYAN, J.

smn W.P.No.21269 of 2024 29.07.2024 6/6