Venkatasubramania Raja, v. The Prl. Chief Conservator
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.01.2018
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.703 of 2018 and W.M.P.(MD)Nos.745 to 747 of 2018 Venkatasubramania Raja ... Petitioner -Vs1. The Principal Chief Conservator of Forest, Tamil Nadu Forest Department, Panagal Maligai, Saidapet, Chennai.
2. The District Forest Officer, Office of the District Forest Officer, Tuticorin, Tuticorin District.
3. The Principal Secretary / Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation Limited, No.144, Anna Salai, Chennai-600 002.
4. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Tangedco, Tuticorin District.
5. The Junior Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Distribution and Maintenance, Kovilpatti, Tuticorin District.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the fifth respondent in Ref f.vz; ,. kp.ngh/tp/e/fp/Nfhtpy;gl;b/ Nfhg;G/fl;L/f.vz; 801/2017 dated 25.11.2017
bearing electricity connection no.311-007-158 and quash the same and further direct the fourth and fifth respondent to restore the electricity connection forthwith to the petitioner company bearing electricity connection no.311-007-158.
For Petitioner : Mr.N.Ananthapadmanabhan For R1 to R3 : Mr.M.Rajarajan, Government Advocate.
For R4 & R5 : Mr.A.U.Ramanathan
ORDER
The Writ Petition has been filed challenging the order dated 25.11.2017 passed by the fifth respondent. 2.According to the petitioner, he is running a Match Splint Industry. Earlier, by proceedings dated 28.10.2017, the second respondent / the District Forest Officer sent a letter to all the owners of the industries to close the industries, consequently, he sent the notice to the fifth respondent to disconnect the electricity service connection. Pursuant to the letter dated 28.10.2017, the fifth respondent has issued a notice dated 25.11.2017 to the petitioner to close the industries or send a letter to the Forest Department requesting them not to disconnect the electricity service connection. Challenging the same, the present Writ Petition has been filed.
3.The learned counsel for the petitioner submitted that subsequent to the impugned order, the second respondent / the District Forest Officer in and by which proceedings dated 27.11.2017, kept in abeyance of the earlier order dated 28.10.2017 and also sent a letter to the Superintendent of Engineer, TANGEDCO, not to take action on the letter dated 28.10.2017 sent by the second respondent / the District Forest Officer. In view of the proceedings dated 27.11.2017 issued by the second respondent / the District Forest Officer, the impugned order would be necessarily set aside. The learned counsel for the petitioner further submitted that similar notices have been challenged before this Court in W.P.(MD)No.24095 of 2017. This Court, by an order dated 22.12.2017, set aside the similar order dated 25.11.2017 passed by the fifth respondent. 4.
In the above circumstances, since already the notice sent by the second respondent / the District Forest Officer, is kept in abeyance and he has also directed the fifth respondent not to initiate proceedings on the impugned order passed by the fifth respondent, the impugned order is liable to be set aside. Accordingly, the impugned order is set aside.
is allowed. There shall be no order as to costs. Consequently, W.M.P.(MD)Nos.745 to 747 of 2018 are closed.
Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To
1. The Principal Chief Conservator of Forest, Tamil Nadu Forest Department, Panagal Maligai, Saidapet, Chennai.
2. The District Forest Officer, Office of the District Forest Officer, Tuticorin, Tuticorin District.
3. The Principal Secretary / Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation Limited, No.144, Anna Salai, Chennai-600 002.
4. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Tangedco, Tuticorin District.
5. The Junior Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Distribution and Maintenance, Kovilpatti, Tuticorin District.
+ 1 cc TO Mr.N.Ananthapadmanabhan , Advocate in SR No. 42206 + 1 cc TO The Special Government Pleader in SR No. 42312 Myr AE/RSK/SAR1/07.02.2018/3P/8C W.P(MD)No.703 of 2018 11.01.2018