K.Venkatasalam, v. The Member Secretary,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2017
CORAM:
THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD).No.6952 of 2017 K.Venkatasalam .. Petitioner Vs.
1.The Member Secretary, The Central Empowered Committee, Gate No.31, Jawaharlal Nehru Stadium, Lodhi Road, New Delhi-110 003.
2.The District Collector, Collectorate, Theni District.
3.The District Forest Officer, Office of the District Forest Officer, Theni Division, Theni, Theni Distrtict.
4.The Assistant Executive Engineer, Distribution/Metro, TANGEDCO, Chinnamanur, Theni District.
.. Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 and 3 to grant license for the petitioner's Saw Mill namely Pandian Timbers Venkatasalam Sawmill situated at 321/C, Main Road, Chinnamannur, Theni District as per the Rule 4(2) of the Tamil Nadu Regulation of Wood Based Industries Rules, 2010 within the time stipulated by this Court.
For Petitioner :Mr.T.Lajapathi Roy For R2 and R3 :Mr.M.Alagathevan Special Government Pleader For R1 and R4 : No Appearance
O R D E R
The prayer in the writ petition is to issue a Writ of Mandamus directing the respondents 1 and 3 to grant license for the petitioner's Saw Mill namely Pandian Timbers Venkatasalam Saw
Mill situated at 321/C, Main Road, Chinnamannur, Theni District as per the Rule 4(2) of the Tamil Nadu Regulation of Wood Based Industries Rules, 2010 within the time stipulated by this Court.
2. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents 3 and 4.
3.It is seen that the petitioner has already approached this Court in W.P.(MD).No.7747 of 2014 . This court court vide order dated 05.08.2014 directed the respondents to afford an opportunity to the petitioner to place all the records and also permit the petitioner to peruse the copies of the complaint given against the petitioner and after affording an opportunity of personal hearing pass a reasoned order on merits and in accordance with law. Against the said order, a Writ Appeal in W.A. No.1324 of 2014 was filed. The Hon'ble Division Bench of this Court by an order dated 15.09.2014 dismissed the Writ Appeal confirming the order passed by the single Judge.
4. According to the petitioner, in spite of the directions of this Court, no further action was taken by the authorities concerned and therefore, the petitioner is before this Court filing yet another writ petition for the same cause of action.
5. This Court is of the view that such writ petition is not maintainable since the issue has already been adjudicated by the learned single Judge and also by the Hon'ble Division Bench.
6. In the result, this Writ Petition is dismissed. No costs. Sd/- Assistant Registrar (Protocol) /True copy/ Sub Assistant Registrar TO:
1.The Member Secretary, The Central Empowered Committee, Gate No.31, Jawaharlal Nehru Stadium, Lodhi Road, New Delhi-110 003.
2.The District Collector, Collectorate, Theni District.
3.The District Forest Officer, Office of the District Forest Officer, Theni Division, Theni, Theni Distrtict.
4.The Assistant Executive Engineer, Distribution/Metro, TANGEDCO, Chinnamanur, Theni District.
+1 CC to Mr.T.LAJAPATHYROY, Advocate, SR No. 52615/17. +1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No. 53118/17. CM/IA PSM/SKN-RSK/03.05.2017/3P/7C W.P.(MD).No.6952 of 2017 18.04.2017