1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2011 CORAM THE HONOURABLE MR.JUSTICE V.DHANAPALAN Writ Petition (MD).No.250 of 2011 and M.P.(MD).No.1 of 2011 M/s.Sri Palaniyandavar Saw-Mill, rep.by L.Suresh, Proprietor, No.185,Madurai-Mandabam Bye-pass Road, Manamadurai, Sivagangai District. .. Petitioner Vs. 1.The District Forest Officer, Sivaganga, Sivagangai District. 2.The Additional Principal Chief Conservator of Forests and Chairman, State Level Committee, O/o The Principal Chief Conservator of Forests, Panagal Maligai, Saidapet, Chennai-600 015. .. Respondents Prayer:- Writ petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the respondent to consider the application of the petitioner in State Level Committee meeting dated 11.01.2011 in the light of the orders of the Hon ble Madurai Bench of Madras High Court Madurai in W.P.Nos.2113/2008 & 6081/2010 dated 10.11.2008 and order dated 24.03.2010 in W.P.(MD).No.14036 of 2009 and as per the provision of the Tamil Nadu Regulation of Wood Based Industries Rules 2010 as applied in the case of similar placed persons and consequently include the name of the petitioner in the final list of saw mills and issue license under Rule 11 of the Tamil Nadu Regulation of Wood Based Industries Rules 2010 to run the saw mill M/s.Sri Periyandavar Saw-Mill, at No.185 Madurai-Mandabam Bye-pass Road, Manamadurai, Sivagangai District. For Petitioner : Mr.M.Ravi For Respondents: Mr.P.Thilakkumar Additional Government Pleader ORDER By consent, the writ petition itself is taken up for disposal. Heard the learned counsel for the petitioner and Mr.P.Thilakkumar, the learned Additional Government Pleader takes notice for the respondents. https://hcservices.ecourts.gov.in/hcservices/ 2 2. The prayer in the writ petition is for the issuance of a writ of Mandamus directing the respondent to consider the application of the petitioner in State Level Committee meeting dated 11.01.2011 in the light of the orders of the Hon ble Madurai Bench of Madras High Court Madurai in W.P.Nos.2113/2008 & 6081/2010 dated 10.11.2008 and order dated 24.03.2010 in W.P.(MD).No.14036 of 2009 and as per the provision of the Tamil Nadu Regulation of Wood Based Industries Rules 2010 as applied in the case of similar placed persons and consequently include the name of the petitioner in the final list of saw mills and issue license under Rule 11 of the Tamil Nadu Regulation of Wood Based Industries Rules 2010 to run the saw mill M/s.Sri Periyandavar Saw-Mill, at No.185 Madurai-Mandabam Bye-pass Road, Manamadurai, Sivagangai District. 3. The petitioner states that he is running a saw mill in the name and style of “M/s.Sri Periyandavar Saw Mill” at Manamadurai in Madurai Mandabam Bye-pass Road. Previously, he was running the saw mill at Thiruppavanam along with one partner by name K.Pitchai S/o.Krishnan with electricity connection from Thiruppavanam sub- station. In the year 2006, there was a misunderstanding between the partners and therefore, the petitioner shifted the saw mill from Thiruppavanam to Manamadurai and sought permission for shifting of the mill under the provisions of the Tamil Nadu Regulation of Wood Based Industries Rules, 2010. Based on which, an application was made to the respondents and the petitioner seeks the authority to grant the licence. But, no action has been taken so far by the respondents and therefore, the petitioner is before this Court for the relief stated supra. 4. Mr.P.Thilakkumar, learned Additional Government Pleader, after taking notice and on instruction submit that the respondents has to take a decision on the application of the petitioner and therefore, a reasonable time may be granted by this Court to consider the application of the petitioner. 5. The learned counsel for the petitioner submits that in similar circumstances, this Court considered the case of the petitioner therein in W.P.No.2894 of 2001 dated 08.02.2011 and passed the following order:- “4.Considering the nature of relief sought for and the application that has been made and also taking note of the previous orders of this Court, the respondents are directed to consider the application of the petitioner as per the Tamil Nadu Regulation of Wood Based Industries Rules, 2010 without any discrimination and pass appropriate orders within a reasonable period of time positively within a period of four weeks from the date of receipt of a copy of this order.” https://hcservices.ecourts.gov.in/hcservices/ 3 6. In view of the above stated position and following the earlier orders of this Court, the respondents are directed to consider the application of the petitioner dated 11.01.2011 as per the Tamil Nadu Regulation of Wood Based Industries Rules, 2010 and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. With the above directions, this Writ Petition is disposed of. Consequently, the connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar(C.O.) /True Copy/ Sub Assistant Registrar To 1.The District Forest Officer, Sivaganga, Sivagangai District. 2.The Additional Principal Chief Conservator of Forests and Chairman, State Level Committee, O/o The Principal Chief Conservator of Forests, Panagal Maligai, Saidapet, Chennai-600 015. +1cc to The Special Government Pleader, SR.No.10166 ssm akm/24.03.11 /3p-4c/ Order made in Writ Petition (MD).No.250 of 2011 24.02.2011 https://hcservices.ecourts.gov.in/hcservices/