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Madras High CourtWP(MD)/22592/2019closed

Tamil Nadu Forest Plantation Corpn., v. The Secretary To Govt.

2019-12-12Honourable Mr Justice M.S. Ramesh2 pages

W.P.(MD) No.22592 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.22592 of 2019 and W.M.P(MD).Nos.19355 and 19356 of 2019 Tamil Nadu Forest Plantation Corporation Employees Union, (TAFCORN) rep., by K.R.Thiyagarajan, Karur Main Road, Mallachipuram, Kambarasampatti, Trichy-620 101.

... Petitioner /vs./ 1.The Secretary to the Government, Environment & Forest (FR.4 Department) Fort St Geroge, Chennai 9.

2.The Tamil Nadu Forest Plantation Corporation Ltd., (TAFCORN) rep., by its Chairman, Having Office at Karur Main Road, Trichy 101.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records relating to the impugned order of the first respondent in G.O.(Ms). No.67 dated 15.07.2019 and quash the same.

For Petitioner : Mr.Veerakathiravan Senior Counsel for M/s.Veera Associates For Respondents : Mr.K.Chellapandian Additional Advocate General assisted by Mr.M.Rajarajan Government Advocate

ORDER

On a mere apprehension that the Members of the petitioner Union would be deployed for the purpose of extracting wind fallen teak trees during the aftermath Gaja Cyclone in Thanjavur District, may not be sufficient to maintain the prayer sought for in the present https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.22592 of 2019 writ petition. Particularly, in the backdrop of the impugned Government Order in G.O.(Ms).No.67, Environment & Forests (FR.4) Department, dated 15.07.2019, which permits the Tamil Nadu Forest Plantation Corporation Limited, namely the second respondent to extract the wind fallen teak trees with the condition that the second respondent should follow a tender process, among other conditions.

2.Nevertheless if the petitioners are of the view that their employees cannot be utilised for the purpose of extracting the wind fallen teak trees, it is open to them to redress their grievance in a manner known to law, whenever such a decision is taken to employ them.

3.With the above observations, this Writ Petition is closed. No costs. Consequently, connected Miscellaneous Petitions are close.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) To 1.The Secretary to the Government, Environment & Forest (FR.4 Department) Fort St Geroge, Chennai 9.

2.The Chairman, Tamil Nadu Forest Plantation Corporation Ltd., (TAFCORN) Having Office at Karur Main Road, Trichy 101.

+1 CC to M/s.VEERA ASSOCIATES, Advocate ( SR-104750[F] 12/12/2019 ) +1 CC to M/s.Special Govt.Pleader ( SR-105003[F] dated 13/12/2019 ) Order made in W.P.(MD) No.22592 of 2019 12.12.2019 rmk SDS/03.01.2020/2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2