L.Micheal v. Additional Principal Chief

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.817 of 2014 and M.P(MD)No.1 of 2014 L.Micheal ... Petitioner Vs.

1.Additional Principal Chief Conservator of Forest, Panagal Maligai, Saidapet, Chennai.

2.Tamil Nadu Electricity Board, Through its Assistant Executive Engineer (Distribution), Thiruvadanai.

3.The District Collector, Ramanathapuram District, Ramanathapuram.

4.The President, P.K.Mangalam Panchayat, Thiruvadanai Taluk, 5.P.Shakthivel Asari 6.The Central Empowered Committee, Through its Member Secretary, Chanakya Bhavan, Chanakyapur, New Delhi.

7.The Conservator of Forests, Virudhunagar Circle, Virudhunagar, Tamil Nadu.

8.The District Forest Officer, Ramanathapuram Division, Ramanathapuram.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Declaration, declaring that the consent obtained by the fifth respondent for running the saw mill or wood based industry in C.K.Mangalam Village, Thiruvadanai Taluk, Ramanathapuram District, from the Central Empowered Committee or its instrumentality in any form, as null and void and also declare the consequential license

given by the eighth respondent i.e., District Forest Officer, Ramanathapuram, dated 29.06.2013 in vide proceedings Proc.No.2552/2013/L, Lic.No.33/2013 as also null and void. For Petitioner : Mr.AL.Kannan For Respondents : Mr.S.Kumar, Additional Government Pleader for R.1 & R.3 Ms.S.Srimathy for R.2 Mr.K.Mahesh Raja for R.4 Mr.J.Anand Kumar for R.5 No Appearance for R.7 & R.8 * * * * *

ORDER

This writ petition has been filed for a writ of Declaration to declare that the consent obtained by the fifth respondent for running a saw mill in C.K.Mangalam Village, Thiruvadanai Taluk, Ramanathapuram District, from the Central Empowered Committee as null and void and also to declare the consequential license given by the eighth respondent herein as also null and void.

2. Heard the learned Counsel appearing for the parties.

3. It is reported that relating to the subject matter involved in this writ petition, the National Green Tribunal, Southern Zone, Chennai, has passed an order in Application No.133 of 2013 (SZ) on 03.03.2015 and a copy of the same is produced before this Court.

4. It is relevant to extract hereunder the operative portion of the said order:

"The Tribunal is of the view that the grievance ventilated by the applicant does not require to be pursued at this stage and hence the application is disposed of with a liberty to the applicant to approach the Tribunal, if the facts and circumstances so warrant in future. It is also made clear that the Board shall monitor the compliance of the conditions attached to the Consent to Operate dated 17.02.2015. Accordingly, the application is disposed of. No cost."

5. In the light of the same, this Court finds that no further orders are required to be passed in this writ petition. Therefore, this writ petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS-I) / True Copy / Sub Assistant Registrar(C.S.)

To 1.Additional Principal Chief Conservator of Forest, Panagal Maligai, Saidapet, Chennai.

2.Assistant Executive Engineer (Distribution), Tamil Nadu Electricity Board, Thiruvadanai.

3.The District Collector, Ramanathapuram District, Ramanathapuram.

4.The President, P.K.Mangalam Panchayat, Thiruvadanai Taluk, 5.Member Secretary, The Central Empowered Committee, Chanakya Bhavan, Chanakyapur, New Delhi.

6.The Conservator of Forests, Virudhunagar Circle, Virudhunagar, Tamil Nadu.

7.The District Forest Officer, Ramanathapuram Division, Ramanathapuram.

+1cc to M/S.J.ANAND KUMAR, Advocate SR.No.64855 +1cc to M/S.AL.KANNAN, Advocate SR.No.65555 +1cc to Special Government Pleader, SR.No. 65306 gk MAS/KP/SAR1:20.07.2017:3P-11C WP(MD)No.817 of 2014 and MP(MD)No.1 of 2014 12.07.2017