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Madras High CourtWP(MD)/16309/2023allowed

Swedha M v. The State Of Tamil Nadu

2023-07-06Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No. 13647 of 2023 M.Swedha ... Petitioner Vs.

1. The State of Tamil Nadu, Represented by its Principal Secretary/ Appellate Authority, Department of Forest, Fort Saint George, Chennai - 600 009.

2. The Deputy Director General of Forest (Central), Government of India, Ministry of Environment and Forest and Climate Change, Integrated Regional Office, 1st Floor Additional Office Block, GPOA Sasthri Bhavan, Haddows Road, Nungambakkam, Chennai - 06.

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3. 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.

4. The District Forest Officer, O/o. the District Forest Officer, Madurai Division, No.2 Race Course Road, Madurai - 625 002.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, for directing the 2nd respondent to dispose of the appeal preferred under Rule 12 of the Tamil Nadu Regulation of wood based Industries Rules 2010 by the petitioner, dated 19.07.2022, within the time period stipulated by this Court.

For Petitioner : Mr.S.Rajasekar, for M/s.Lajapathi Roy and Associates For R-1, 3 & 4 : Mr.B.Saravanan Additional Government Pleader For R-2 : Mr.V.Malaiyendran 2/6

ORDER

This writ petition is filed for Writ of Mandamus seeking speedy disposal of the appeal preferred by the petitioner, dated 19.07.2022, under Rule 12 of the Tamil Nadu Regulation of wood based Industries Rules, 2010.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The contention of the petitioner is that the 2nd respondent is a appropriate authority to consider the appeal and pass orders. The said appeal is pending for more than 11 months before the 2nd respondent, without passing any order. Hence, he seeks speedy disposal of the said appeal.

4. Therefore, this Court without going into the merits of the case, the 2nd respondent is directed to consider the appeal and pass an appropriate order as per Rules, within a period of 4 months, from the date of receipt of a copy of the order.

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5. Accordingly, this Writ petition is allowed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. Index : Yes / No 06.07.2023 Internet : Yes ksa 4/6

To

1. The Principal Secretary/ Appellate Authority, State of Tamil Nadu, Department of Forest, Fort Saint George, Chennai - 600 009.

2. The Deputy Director General of Forest (Central), Government of India, Ministry of Environment and Forest and Climate Change, Integrated Regional Office, 1st Floor Additional Office Block, GPOA Sasthri Bhavan, Haddows Road, Nungambakkam, Chennai - 06.

3. 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.

4. The District Forest Officer, O/o. the District Forest Officer, Madurai Division, No.2 Race Course Road, Madurai - 625 002.

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S.SRIMATHY, J ksa Order made in 06.07.2023 6/6