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Madras High CourtWA(MD)/1421/2015closed

South Zone Math Splints v. The Member Secretary,

2017-04-20Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice P. Velmurugan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.A.(MD) No.1421 of 2015 and M.P.(MD) No.1 of 2015 and C.M.P.(MD) No.3825 of 2016 and W.A.(MD) No.1422 of 2015 and M.P.(MD) Nos.1 & 2 of 2015 and C.M.P.(MD) No.3824 of 2016 South Zone Match Splints & Veneers Trader's Welfare Association (Regd.No.65/04) Rep.by its Secretary K.Sermakani 1/5, Industrial Estate, Kovilpatti, Thoothukudi District ... Appellant in both appeals -vs1. The State of Tamil Nadu, Rep by its Principal Secretary, Tamil Nadu Forest Department, St.George Fort, Chennai-9.

... 1st Respondent in W.A.(MD).No.1422 of 2015

2. The Member Secretary, Central Empowered Committee, 2nd floor, Chankya Bhavan, Chankyapuri, New Delhi-1100021.

3. The Principal Chief Conservator Forest, Panagal Maligai, Saidapet, Chennai-15.

4. The Principal Secretary / Chairman and Managing Director, No.144, Annasalai, Chennai-2.

5. The Executive Engineer, Distribution and Maintenance, Kovilpatti, Thoothukudi District.

6. The District Forest Officer, Office of the District Forest Officer, Thoothukudi, Thoothukudi District.

7. The Forest Ranger, Office of the Forest Ranger, Kovilpatti Ranger, Kovilpatti, Thoothukudi District.

8.S.Janardhanan 9.D.Krishnamoorthy 10.N.Ethiraj 11.R.S.Lakshmi 12.Rajesh Kannan 13.P.Jeyalakshmi 14.P.Ramachandran 15.R.Vinod Prabhakaran 16.P.Gopal 17.G.Kathiresan 18.Guruvammal 19.L.Karpaga Jothi 20.V.Subbulakshmi 21.V.Jeyalakshmi 22.S.Selvamani 23.S.Subramanian 24.R.Vasu @ Raj 25.S.Rathina Kumar

26.P.Seenivasan 27.R.Femina 28.K.Mariyappan 29.Ayyadurai 30.M.Balasubramanian 31.S.K.Ramasubu 32.N.Venkadachalapathy 33.Subbaiya Nadar 34.Vengada Subramania Raja 35.Thilagavathy 36.N.Srinivasa Nadar 37.Kamalam 38.Santhanam 39.Indra Ramamoorthy 40.S.Chandrasekaran 41.T.Ganapathy 42.M.Lakshmanamoorthy 43.M.Kombaiah 44.K.Rajammal 45.Chellamari 46.M.Ponusamy 47.D.Rajan 48.I.Subburaj 49.A.Dhanabalan Mosi 50.M.R.Thilagaraj 51.J.Kamala Engle

52.K.Kannan 53.P.Velu ... Respondents in W.A.(MD) No.1421 of 2015 & Respondents 2 to 53 in W.A.(MD) No.1422 of 2015 PRAYER (in W.A.(MD) No.1421 of 2015):

Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order dated 28.10.2015 in M.P.(MD).No.2 of 2015 in W.P.(MD).No.9819 of 2015, on the file of this Court.

Prayer in MP(MD). 2/ 2015 in WP(MD).9819/2015 : To grant an Interim Stay all further proceedings of the Impugned order issued by the 1st Respondent in his Proceedings in File No. 2-31/CEC/SC/2013-Pt. V dated 06.04.2015. Prayer in WP(MD). 9819/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari, calling for the records pertaining to the Impugned order issued by the 1st Respondent in his Proceedings in File No. 2-31/CEC/SC/2013-Pt. V dated 06.04.2015 and quash the same. PRAYER (in W.A.(MD) No.1422 of 2015):

Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order dated 28.10.2015 in M.P.(MD).No.1 of 2015 in W.P.(MD).No.13656 of 2015, on the file of this Court.

Prayer in MP(MD). 1/ 2015 in WP(MD).13656/2015 : To grant an Ad-Interim Stay of all further proceedings in pursuance to the impugned government order passed by the 1st respondent in his proceedings in G.O.Ms.No.79 Environment and Forests(FR-13) Department dated 23.7.2015 amending rule 14 of Tamil Nadu Regulation of Wood Base Industries Rules in so far as it exempts Match Splint Industries from the purview of Tamil Nadu Regulation of Wood Base Industries Rules and pending disposal of above W.P.

Prayer in WP(MD). 13656/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Writ of Declaration declaring the government order issued by the 1st respondent in his proceedings in G.O.Ms.No.79 Environment and Forests(FR-13) Department dated 23.7.2015 amending rule 14 of Tamil Nadu Regulation of Wood Base Industries Rules in so far as it exempts Match Splint Industries from the purview of Tamilnadu Regulation of Wood Base Industries Rules as ultra vires the constitution of India.

W.A.(MD) No.1421 of 2015:

For Appellant : Mr.P.Banu Prasath For Respondents : Mr.A.V.Ramanathan for R3 & R4 Mr.S.Chandrasekar Government Advocate for R5 & R6 Mr.N.Ananthapadmanabhan for R7 to R11, R13 to R31, R33 to R40, 42, 43, 47, 48, 50 to R52 No Appearance for R1, R2, R12, 32, 41, 44 to 46 & 49 W.A.(MD) No.1422 of 2015:

For Appellant : Mr.P.Banu Prasath For Respondents : Mr.S.Chandrasekar Government Advocate for R3, R6 & R7 Mr.A.V.Ramanathan for R4 & R5 Mr.N.Ananthapadmanabhan for R8 to R12, R14 to R32, R34 to R41, 43, 45, 48, 49, 50, 52 & 53 No Appearance for R1, R13, 33, 42 to 44, 46 & 50 R2 - Tapal not yet returned - Bata due C O M M O N J U D G M E N T [Judgment of the Court by T.S.SIVAGNANAM, J.] Heard the learned counsel for the parties and carefully perused the materials placed on record.

2. These writ appeals are directed against the common order, dated 28.10.2015 in M.P.(MD).Nos.2 and 1 of 2015 in W.P.(MD).Nos. 9819 and 13656 of 2015.

3. The learned single Judge, after elaborately hearing the parties, by a common order, dated 28.10.2015, vacated the order for interim stay which was granted earlier.

4. The present writ appeals were filed in December 2015 and at the time of entertaining the appeals, no interim orders were granted and they are pending for all these years. Further, we find that the writ petitions, themselves have been directed to be listed along with the appeals. Accordingly, they have also been listed.

5. At this stage, we do not propose to grant any interim order of stay, as the interim order of stay has already been vacated on

28.10.2015. Therefore, we close the writ appeals and direct the writ petitions to be posted for final hearing on 08.06.2017. No Costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(A.S) /True Copy/ Sub Assistant Registrar To:

1. The Member Secretary, Central Empowered Committee, 2nd floor, Chankya Bhavan, Chankyapuri, New Delhi-1100021.

2. The Principal Chief Conservator Forest, Panagal Maligai, Saidapet, Chennai-15.

3. The Principal Secretary / Chairman and Managing Director, No.144, Annasalai, Chennai-2.

4. The Executive Engineer, Distribution and Maintenance, Kovilpatti, Thoothukudi District.

5. The District Forest Officer, Office of the District Forest Officer, Thoothukudi, Thoothukudi District.

6. The Forest Ranger, Office of the Forest Ranger, Kovilpatti Ranger, Kovilpatti, Thoothukudi District.

W.A.(MD)No.1421 of 2015 and M.P.(MD) No.1 of 2015 and C.M.P.(MD) No.3825 of 2016 and W.A.(MD) No.1422 of 2015 and M.P.(MD) Nos.1 & 2 of 2015 and C.M.P.(MD) No.3824 of 2016 20.04.2017 JM/RSK/09.05.2017/6P/7C