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Madras High CourtWP/6470/2017disposed of

S.Sarim Kumar v. The District Forest Officer,

2023-02-03Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and W.M.P.No.6976 of 2017 S.Sarim Kumar ... Petitioner

Versus

1. The District Forest Officer Salem Division, Salem.

2. The Assistant Engineer Operation & Maintenance Tamil Nadu Generation and Distribution Corporation Ltd. Kolathur Rural, Kolathur Salem District - 636 303 (R2-Impleaded as per order dated 15/6/2017 by DKKJ in WMP.16165/2017 in WP.6470/2017) ..

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certitorarified Mandamus, calling for the entire records relating to the order passed in Na.Ka. No.2511/16D dated 19.08.2016 on the file of the respondent herein and quash the same and consequently renew the license granted to the petitioner in License No.4/2011 dated 12.08.2011 for wood based industry namely Sri Ayyappa Traders and Saw Mill Located at No.1/3-33-C, New No.IV -23, Saveriyar Palayam, Kolathur Post, Mettur Taluk, Salem District.

For Petitioner : Mr.C.Munusamy For Respondent : Mr.K.M.D.Muhilan for R1 Additional Government Pleader 1/4

ORDER

This Writ Petition has been filed challenging the order passed in Na.Ka. No.2511/16D dated 19.08.2016 on the file of the respondent herein and quash the same and consequently renew the license granted to the petitioner in License No.4/2011 dated 12.08.2011 for wood based industry namely Sri Ayyappa Traders and Saw Mill Located at No.1/3-33-C, New No.IV -23, Saveriyar Palayam, Kolathur Post, Mettur Taluk, Salem District.

2. It is the contention of the learned counsel for the petitioner that the petitioner is running a Saw Mill under the name and style of Sri Ayyappa Traders and Saw Mill at Saveripalayam, Kolathur, Mettur Taluk, Salem District from the year 1993. Further, the petitioner applied for renewal of licence on 30.03.2016 along with prescribed fees. However, the respondent has passed the impugned order. Hence, this petition.

3. Mr.K.M.D.Muhilan, learned Additional Government Pleader submitted that grant of renewal of wood based industries license lies with the State Level Committee as per Rule 3A of Tamil Nadu Regulation of Wood Based Industries Rules, 2010 and not before the respondents herein.

4. Heard both sides and perused the materials placed on record. Having 2/4

regard to the facts and circumstances of this case and having regard to the submissions of the learned Additional Government Pleader, this Court permits the petitioner to approach the concerned State Level Committee as per the Rule 3A of Tamil Nadu Regulation of Wood Based Industries Rules, 2010 for renewal of licences. Accordingly, no directions can be given to the respondents

5. In view of the above, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 03.02.2023 Index : Yes/No dhk To

1. The District Forest Officer Salem Division, Salem.

2. The Assistant Engineer Operation & Maintenance Tamil Nadu Generation and Distribution Corporation Ltd. Kolathur Rural, Kolathur Salem District - 636 303 N. SATHISH KUMAR, J.

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