Madras High CourtWP/5165/2016disposed of

K.S.R.T.Suresh, v. The District Foresst Officer,

2016-02-11Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.02.2016

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P.No.5165/2016 K.S.R.T.Suresh ..

Petitioner Vs The District Forest Officer Cuddalore Region, No.21, Nellikuppam Main Road near Water Tank, Semmankulam Cuddalore.

.. Respondent Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of mandamus to direct the respondent herein not to issue any license to the 3rd persons to the saw mill situated in Door No.95-A, Main Road, Kootahppan Kudikadu, Thittakudi Taluk, Cuddalore District and Additional Saw Mill situated in Kallar Avate, Xth Road, Thittakudi without any production of Legal Heir Certificate issued by the Revenue Authority.

For Petitioner : Mr.R.Gokulakrishnan For Respondent : Mr.N.Inbanathan, AGP

ORDER

Heard Mr.R.Gokulakrishnan, learned counsel for the petitioner ; learned Mr.N.Inbanathan, learned Additional Government Pleader accepting notice on behalf of the respondent and with their consent, this writ petition is taken up for final disposal at the admission stage itself.

The petitioner seeks for a direction upon the respondent not to issue license to the third persons in respect of the Saw Mill said to have been established by the petitioner's father [late] K.S.R.Thayarasu, situated in Door No.95-A, Main Road, Kootahppan Kudikadu, Thittakudi Taluk, Cuddalore District and Additional Saw Mill situated in Kallar Avate, Xth Road, Thittakudi.

Unfortunately, the petitioner has not mentioned who are the third persons in the affidavit filed in support of this writ petition nor he has mentioned the https://hcservices.ecourts.gov.in/hcservices/

names of the persons in the representation said to have been sent by Speed Post on 12.01.2016. Therefore, on these bald averments, a writ of mandamus as sought for by the petitioner cannot be issued.

Accordingly, the writ petition fails and the same is dismissed. However, it is open to the petitioner to submit a detailed representation before the respondent furnishing full particulars and annexing documents in respect of his claim and if the same is made, the respondent shall consider the said representation on merits and in accordance with law, after issuing notice to all concerned. No costs.

AP -s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To:

The District Forest Officer, Cuddalore Region, No.21, Nellikuppam Main Road, near Water Tank, Semmankulam, Cuddalore.

+ 1 cc to Govt.Pleader High court, Madras SR 8885 + 1 cc to the Spl.Govt.Pleader (Forest) SR 8976 ppa(co) prk17/2 WP.No.5165/2016 https://hcservices.ecourts.gov.in/hcservices/