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Madras High CourtWP/43540/2016dismissed

A.Jamaldeen v. The Secretary To Government

2017-04-10Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 10.04.2017

CORAM

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR W.P. No.43540 of 2016 and WMP.No.37362 of 2016 and WMP.No.7418 of 2017 A. Jamaldeen ... Petitioner Vs

1. The Secretary to Government, Environment and Forest Department, Fort St.George, Secretariat, Chennai 600 009.

2. The District Collector, Perambalur District, Perambalur.

3. The District Forest Officer, Perambalur District, Perambalur.

4. Krishnan .. Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying to issue writ of Mandamus directing the respondents 1 to 3 to take action to remove the unauthorised Sawmill run by the 4th respondent situated at SKK Sawmill, V.Kalathur Main road, Vepenthattai Taluk, Perambalur District based on the representation of the petitioner dated 16.06.2016.

For Petitioner : Mr.S.Doraisamy For Respondents: Mr.N.Inbanathan, Govt Advocate (Forest) for R1 to R3 Mr.S.Ayyathurai for R4

ORDER

The prayer in the writ petition is to issue a writ of Mandamus directing the respondents 1 to 3 to take action to remove the unauthorised Sawmill run by the 4th respondent, situated at SKK Sawmill, V.Kalathur Main road, Vepenthattai https://hcservices.ecourts.gov.in/hcservices/

Taluk, Perambalur District, based on the representation of the petitioner dated 16.06.2016.

2. The learned counsel for the petitioner has relied upon paragraph 8 of the counter affidavit filed by the third respondent, in which it is stated that from 06.01.2004, the fourth respondent Mill was not functioning. The learned counsel for the petitioner further submitted that the writ petition may be dismissed, by recording the above statement made in paragraph 8 of the counter affidavit and also by giving liberty to the petitioner to approach the appropriate forum.

3. Accordingly the writ petition is dismissed. Liberty is given to the petitioner to approach the appropriate forum, if any grievance still exists. Connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar dpq

1. The Secretary to Government, Environment and Forest Department, Fort St.George, Secretariat, Chennai 600 009.

2. The District Collector, Perambalur District, Perambalur.

3. The District Forest Officer, Perambalur District, Perambalur.

+1cc to Mr.Doraisamy, Advocate, S.R.No.21468 +1cc to Mr.Ayyathurai, Advocate, S.R.No.21370 +1cc to the Government Pleader, S.R.No.21569 W.P. No.43540 of 2016 and WMP.No.37362 of 2016 and WMP.No.7418 of 2017 AK(CO) RS(24/04/2017) https://hcservices.ecourts.gov.in/hcservices/