Madras High CourtWP(MD)/16791/2021disposed of

Sangeetha Saw Mill v. The Member Secretary

2021-09-20Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.09.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY Sri.Sangeetha Saw Mill, Rep. by its Proprietor, K.Arunachalam ... Petitioner Vs.

1.The Member Secretary, Central Empowered Committee, Gate No.31, Jawaharlal Nehru Stadium, Lodhi Road, New Delhi-110 003.

2.The Principal Chief Conservator of Forests, Office of the Princiapl Chief Conservator of Forests, Panagal Maligai, Saidapet, Chennai-600 015.

3.The District Forest Officer, Dindigul Forest Divison, Colleltorate Campus, Dindigul, Dindigul District-624 004.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein to expedite the renewal of licence under the Tamil Nadu Regulation of Wood based Industries Rules, 2010 to the petitioner's saw mill namely, Sri.Sangeetha Saw Mill situated in No.324/1C, 2/138-C, Pudhukodangipatti, Dindigul Road, Sempatti, Dindigul District bearing its saw mill Registration No.4/2013, based on the petitioner's application dated 06.02.2018 and 14.02.2018 and further reminder representations dated 18.06.2018 and 18.02.2021 within a stipulated time as that may be fixed by this court. For Petitioner : Mr.R.Thangapandian For Respondents : Mr.K.S.Selva Ganesan Counsel for State

ORDER

The petitioner seeks a direction to expedite the renewal of licence under the Tamil Nadu Regulation of Wood based Industries Rules, 2010.

1/3

2.The petitioner states that a licence was issued by the third respondent to the petitioner on 17.06.2013. In terms of Rule 4 of the Tamil Nadu Regulation of Wood based Industries Rules, 2010, such licence is valid for a period of five years. In terms of Rule 5(2), renewal may be granted for a further period of five years. Initially, the petitioner was granted a licence for a five year period from 17.06.2013 to 17.06.2018. Even prior to the expiry of the relevant license, the petitioner submitted an application for renewal on 06.02.2018. The petitioner states that the requisite fees for renewal was remitted, when such application for renewal was submitted. The present writ petition is filed on account of the failure to act on such application in spite of multiple representations in such regard.

3.Mr.K.S.Selva Ganesan, learned counsel for the State, accepts notice on behalf of all the respondents. He submits that the third respondent may be directed to dispose of the petitioner's application for renewal within a reasonable time. 4.The petitioner has enclosed the licence issued on 17.06.2013 to the petitioner. Such licence indicates that it is valid up to 17.06.2018 subject to the provisions of the Tamil Nadu Forest Act 1882.

5.The petitioner has also enclosed a copy of the request for renewal made on 06.02.2018, which is during the currency of the original license. The decision as to whether to renew the licence or not is squarely within the remit of the third respondent, albeit in accordance with the relevant rules in such regard. However, the third respondent is under an obligation to decide an application for renewal within a reasonable time. In the case at hand, it appears that no decision has been taken and communicated to the petitioner in spite of the lapse of more than three years. 6.In the aforesaid facts and circumstances, without entering any findings on the merits of the matter, the third respondent is directed to consider the petitioner's application for renewal of licence and dispose of the same within a period of three (3) months from the date of receipt of a copy of this order after providing a reasonable opportunity to the petitioner and by taking into account the relevant rules in such regard.

7.W.P.(MD)No.16791 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) sji 2/3

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.

To 1.The Principal Chief Conservator of Forests, Office of the Princiapl Chief Conservator of Forests, Panagal Maligai, Saidapet, Chennai-600 015.

2.The District Forest Officer, Dindigul Forest Divison, Colleltorate Campus, Dindigul, Dindigul District-624 004.

+1 CC to M/s.R.THANGAPANDIAN, Advocate ( SR-29898[F] dated 22/09/2021 ) +1 CC to M/s.SPL.GP ( SR-29924[F] dated 22/09/2021 ) 20.09.2021 MGJ(28.09.2021) 3P 5C 3/3