B.Saisridharan v. The Principal Secretary To The Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.12.2018
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.33248 of 2018 B.Saisridharan Petitioner Vs.
1.The Principal Secretary to the Government Environment & Forest, Fort St.George, Chennai-600 009.
2.The Principal Chief Conservator of Forests, Saidapet, Chennai-600 015.
3.The Additional Principal Chief Conservator of Forests, (Nodal Officer FCA), Chennai.
4.The Deputy Conservator of Forests (Central), Ministry of Environment and Forests & Climatic Change, South Eastern Zone, Nungambakkam, Chennai.
5. The Conservator of Forests, Chennai Circle, Chennai.
6.The District Forest Officer, Chennai Forest Division, Kancheepuram.
Respondents Prayer:- This Writ Petition is filed, under the Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to forthwith consider the representations of the petitioner including the one dated 28.10.2015 in the light of the circular of the Ministry of Forest Dated 03.02.2004 in circular No.11-70/2002/FC (pt) and pass orders in a time bound manner.
For Petitioner :
Mr.S.Ramesh For Respondents :
Mr. R. Santhana Raman, Special Government Pleader, for R1 to R6
ORDER
The prayer in this Writ Petition is to direct the respondents to consider the representation of the petitioner, dated 28.10.2015.
2. By consent of the learned counsel on either side, this Writ Petition is taken up for final disposal, at the admission stage itself.
Mr.R.Santhana Raman, the learned Special Government Pleader takes notice for the Respondents.
3. This Court heard the learned counsel on either side and also perused the materials placed on record.
4. According to the learned counsel for the Petitioner, the petitioner has made a representation, dated 28.10.2015 to the 4th respondent and 4th respondent has forwarded the said application to the 1st respondent for allotment of the land and the 6th respondent has recommended to the 1st respondent and the same is still pending. Hence, this writ petition has been filed, seeking the relief as stated above.
5. On the other hand, the learned Special Government Pleader for the respondent would submit that the said representation of the petitioner will be disposed of, on merits and in accordance with law, within a time to be specified by this Court.
6. Considering the facts and circumstances of the case and the submissions of the learned counsel on either side and the limited scope of the prayer sought for in this writ petition, without expressing any opinion on the merits of the case, the first respondent is directed to consider the representation of the petitioner, dated 28.10.2015, taking note of the recommendation made by the 6th respondent and pass appropriate orders, after affording sufficient opportunity to the petitioner, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this Order.
7. With the above directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CCC) //True copy// Sub Assistant Registrar mpa/srcm
To
1. The Principal Secretary to the Government Environment & Forest, Fort St.George, Chennai-600 009.
2. The Principal Chief Conservator of Forests, Saidapet, Chennai-600 015.
3. The Additional Principal Chief Conservator of Forests, (Nodal Officer FCA), Chennai.
4. The Deputy Conservator of Forests (Central), Ministry of Environment and Forests & Climatic Change, South Eastern Zone, Nungambakkam, Chennai.
5. The Conservator of Forests, Chennai Circle, Chennai.
6.The District Forest Officer, Chennai Forest Division, Kancheepuram.
+1cc to Mr.S.Ramesh, Advocate SR.No.87359 +1cc to Special Government Pleader (Forest) High Court, Madras, SR.No.87317 W.P.No.33248 of 2018 EV(CO) GMY(09/01/2019)