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Madras High CourtWP(MD)/4566/2024disposed of

P.Veeramani v. The State Level Empowered Committee

2024-08-20Honourable Mr Justice Mohammed Shaffiq6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2024

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.(MD)No.4403 of 2024 P.Veeramani ... Petitioner Vs.

1.The State Level Empowered Committee, Chairman of State Level Empowered Committee and Principal Chief Conservator of Forests (Head of Department) Department of Forests, Panagal Maligai, Saidapet, Chennai - 600 015.

2.The District Forest Officer, O/o. the District Forest Officer, Trichy District.

3.The Assistant Engineer, TANGEDCO, Manaparai, Trichy District.

... Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 to dispose of the application preferred by the petitioner seeking renewal and shifting of the Tamil Nadu Regulation of wood based Industries Rules 2010 by the petitioner dated 29.12.2020 and consequently forbearing the respondents 2 and 3 from initiating any coercive action till the disposal of the said application within the time period stipulated by this Court.

For Petitioner : Mr.S.Rajasekar For R-1 and R-2 : Mr.R.Suresh Kumar Additional Government Pleader For R-3 : Mr.S.Deenadhayalan

O R D E R

The present Writ Petition is filed praying for a Mandamus, directing the respondents 1 and 2 to dispose of the petitioner's application dated 29.12.2020 seeking renewal and shifting of the Saw Mill as per Tamil Nadu Regulation of wood based Industries, Rules 2010 and consequentilly forbearing the respondents 2 and 3 from initiating any coercive action till the disposal of the said application.

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2. It is submitted by the learned counsel for the petitioner that the petitioner was running a Sawmill in the name and style of Sri Angala Parameshwari Saw Mill at No.104/94, Bye Pass Road, Manaparai, Trichy District and also obtained license for the same. While so, the Department of Highways acquired a portion of the petitioner's land for the purpose of laying the road. The petitioner was thus constrained to purchase another land and applied for renewal of license and shifting of the Sawmill to the new premises as per the Tamil Nadu Regulation of Wood Based Industries Rules, 2010. The petitioner submitted an application dated 29.12.2020, along with a demand draft for renewal fees to the tune of Rs.10,000/- . Since no orders came to be passed, the petitioner came forward to file this Writ Petition.

3. It is submitted by the learned Additional Government Pleader for the respondents 1 and 2 that the application of the petitioner would be considered and orders would be passed thereon in accordance with law. 3/6

4. In view of the same and taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the respondents 1 and 2 herein to consider the petitioner's application dated 29.12.2020, on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of personal hearing to the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any views with regard to the merits of the application and it is open to the concerned respondent to consider the application on its own merits and in accordance with law.

5. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 20.08.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr 4/6

To:

1.The State Level Empowered Committee, Chairman of State Level Empowered Committee and Principal Chief Conservator of Forests (Head of Department) Department of Forests, Panagal Maligai, Saidapet, Chennai - 600 015.

2.The District Forest Officer, O/o. the District Forest Officer, Trichy District.

3.The Assistant Engineer, TANGEDCO, Manaparai, Trichy District.

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MOHAMMED SHAFFIQ, J.

Nsr 20.08.2024 6/6