Electa v. The State Level Empowered Committee
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2021
CORAM
THE HON'BLE MR.JUSTICE R.SURESH KUMAR and W.M.P(MD)Nos.12012 & 12013 of 2021 Electa
...Petitioner
-Vs1.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, Office of the District Forest Officer, Ramanathapuram District.
3.The Commissioner, Rameshwaram Municipality.
... Respondents [R3 is suo motu impleaded vide order dated 25.08.2021 in W.P(MD). No.15089/2021] Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No.663/2020/Ku, dated 19.07.2021, on the file of the respondent No.2 and quash the same as illegal, and consequently direct the respondent No.1 to renew the License of the Petitioner's Saw Mill, namely, Jenivaz Saw Mill at Akkalmadam, Pamban, Ramanathapuram District, in light of Go.Ms.No.16 Environment & Forests (FR.13) dated 07.02.2020 within the time period stipulated by this Court.
For Petitioner : Mr.M.Maheboob Fazil for M/s.T.Lajapathi Roy For R1 & R2 : Mr.R.Suresh Kumar for R1, R2 For R3 : Mr.D.Ghandiraj Government Advocate for R3 1/3
O R D E R
Prayer sought for herein is for a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No.663/2020/Ku, dated 19.07.2021, on the file of the respondent No.2 and quash the same as illegal, and consequently direct the respondent No.1 to renew the License of the Petitioner's Saw Mill, namely, Jenivaz Saw Mill at Akkalmadam, Pamban, Ramanathapuram District, in light of Go.Ms.No.16 Environment & Forests (FR.13) dated 07.02.2020 within the time period stipulated by this Court.
2.After some arguments, the learned counsel appearing for the petitioner wants to withdraw the writ petition with the liberty to challenge the impugned order by preferring an appeal, under Rule 12 of the Tamil Nadu Regulation of Wood Based Industries Rules, 2010 as amended from time to time, under which, within 60 days, appeal shall be filed.
3.Since the impugned order is dated 19.07.2021, still the petitioner has got time to prefer an appeal. Therefore, accepting the plea made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn with the liberty to the petitioner to prefer an appeal as stated above, against the impugned order. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. 4.The Registry is directed to issue the original impugned order if any filed along with this writ petition to the learned counsel for the petitioner after proper acknowledgement. Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) PNM/PJL NOTE:
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.
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To 1.The Chairman of State Level Empowered committee, The 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, Office of the District Forest Officer, Ramanathapuram District.
3.The Commissioner, Rameshwaram Municipality.
COPY TO The Section Officer, E.R.Section, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.T.LAJAPATHI ROY, Advocate (SR-28732[F] dated 09/09/2021) +1 CC to M/s.SPL GP (SR-28713[F] dated 09/09/2021) Order made in Dated:
08.09.2021 GC(09.09.2021) 3P 7C 3/3