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Madras High CourtWP(MD)/22690/2018disposed of

Y. Vince Daniel, v. The Secretary To Government,

2019-07-09Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.22690 of 2018 Y.Vince Daniel ... Petitioner Vs.

1.The Secretary to Government Environment and Forest Department Fort St. George, Chennai.

2.The Central Empowered Committee Gate No.31 Ground Floor Jawarharlal Stadium, Lodi Road New Delhi 110 003.

Rep. By its Member Secretary 3.The Additional Chief Conservator of Forest (FC) and Chairman of the State Level Committee Government of Tamil Nadu No.1, Jeen's Road, Panagal Building, Chennai.

4.The District Forest Officer, District Forest Office, Kanyakumari Division, Nagercoil Kanyakumari District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to issue license to run a saw mill in the name and style of Vince Saw Mill at 4/182A, Udayanvilai, Kulappuram Post, Kanyakumari District, by considering the representation of the petitioner dated 12.10.2018. For Petitioner :Mr.S.C.Herold Singh For Respondents :Mr.C.M.Mari Chelliah Prabhu Additional Government Pleader

ORDER

The prayer sought for in this writ petition is to direct the respondent to issue license to run a saw mill to the petitioner, by considering his representation, dated 12.10.2018.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.

3. Though a positive order of mandamus has been sought for in the prayer mentioned in the writ petition, the learned counsel for the petitioner would submit that, the petitioner would confine his prayer that, if a direction is given to the respondents to consider the application of the petitioner to issue license, as has been sought for by deciding the said application on merits and in accordance with law at the earliest, preferably, within a time to be stipulated by this Court.

4. For the said submission made by the learned counsel for the petitioner, the learned Additional Government Pleader appearing for the respondents would submit that, there are atleast 45 applications similar to that of the petitioner are pending with the respondents and therefore, a reasonable time has to be given to the respondents.

5. I have considered the said submissions made by both sides.

6. In view of the innocuous nature of the prayer now sought to be considered, as claimed by the learned counsel for the petitioner, this Court is inclined to dispose of this writ petition with the following direction:

That the petitioner's application dated 12.10.2018 shall be considered by the third respondent on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar (AD-I) // True Copy // Sub Assistant Registrar(CS) RR To 1.The Secretary to Government Environment and Forest Department Fort St. George, Chennai.

2.The Member Secretary Central Empowered Committee Gate No.31 Ground Floor Jawarharlal Stadium, Lodi Road New Delhi 110 003.

3.The Additional Chief Conservator of Forest (FC) and Chairman of the State Level Committee Government of Tamil Nadu, No.1, Jeen's Road, Panagal Building, Chennai.

4.The District Forest Officer, District Forest Office, Kanyakumari Division, Nagercoil, Kanyakumari District.

+1 CC to Mr.S.C.HEROLD SINGH, Advocate SR-74427. +1 CC to SPL GP SR-74468.

W.P.(MD)No.22690 of 2018 09.07.2019 CS(21.08.2019) 7P 3C