IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.01.2011 CORAM:- The Hon'ble Mr. Justice R. SUDHAKAR W.P. No. 613 of 2011 1. M/s. GAJENDAR SWA MILL REP BY ITS PROPRIETOR K. MOORTHI NO.28 DHADIARNACHALAM ST NADUPET GUDIYATTAM and 117 others .. PETITIONERS 1.M/S.GAJENDRA SAW MILL REP BY ITS PROPRIETOR K.MOORTHI 2.M/S.M.G.PRAKASH SAW MILL REP BY ITS PROPRIETOR A.MANI 3.M/S.MANGALAM SAW MILL REP. BY ITS PROPRIETOR S.PREMA, 4.M/S.MOHAN SAW MILL REP BY ITS PROPRIETOR P.GOVINDARAJ 5.M/S.R&B SAW MILL REPBY ITS PROPRIETOR S.P.SYED AMEER, 6.M/S. S. ANNAMALAI SAW MILL REP BY ITS PROPRIETOR S. ANNAMALAI, 7.M/S. SARATH KUMAR SAW MILL REP BY ITS PROPRIETOR T. RAVI, 8.M/S.SATHIYA NARAYANA TIMBERS REP BY ITS PROPRIETOR S.J.SATHIYA NARAYANAN, 9.M/S SRI BALAMURUGAN TIMBER AND SAW MILL, REP BY ITS PROPRIETOR N.RANGAIA NAIDU, 10. 11.M/S TAJ SAW MILL REP BY ITS PROPRIETOR, S.R.SYED TAJUDDIN 12.M/S EZUMALAI KALYANIYAMMAL SAW MILL, REP BY ITS PROPRIETOR E.SAMBASIVAM, https://hcservices.ecourts.gov.in/hcservices/ 13.M/S GANESHA SRI SAW MILL REP. BY ITS PROPRIETOR M.C.POOGAVANAM, 14.M/S HARIKRISHNAN SAW MILL REP. BY ITS PROPRIETOR B.RAVICHANDRAN, 15.M/S MANO SAW MILL REP. BY ITS PROPRIETOR S.MANOHARAN, 16.M/S MURUGAN SAW MIL REP BY ITS PROPRIETOR N.MUNISWAMY 17.M/S SRI ANNAMALAIYAR SAW MILLS AND FURNITURES, REP. BY ITS PROPRIETOR G.JAYAPANDIYAN, 18.M/S SRI DEVI SAW MILL REP. BY ITS PROPRIETOR A.C.SHASTHIRI, 19.M/S SRI VASUDEVA SAW MILL AND WOOD WORKS, REP. BY ITS PROPRIETOR A.C.VASUDEVAN, 20.M/S A.R.MINSARA VALPATTARAI REP. BY ITS PROPRIETOR L.ANJALI DEVI 21.M/S ARK TIMBER DEPOT AND SAW MILL, REP. BY ITS PROPRIETOR A.R.KRISHNAMOORTHY 22.M/S AMBAL SAW MILL REP. BY ITS PROPRIETOR S.DHAKSHANAMOORTHY 23.M/S AMBIKA SAW MILL REP. BY ITS PROPRIETOR R.PRAVEEN 24.M/S BABU TIMBER AND SAW MILL REP. BY ITS PROPRIETOR C. NARAYANAN 25.M/S BHAVANI TIMBERS AND MARBLES REP. BY ITS PROPRIETOR SAMJI K.PATEL 26.M/S BHAVANI SAW MILL REP. BY ITS PROPRIETOR GANGDAS KARAMSHI PATEL 27.M/S FATHIMA WOOD INDUSTRIES REP. BY ITS PROPRIETOR A.ABDUL RAFI 28.M/S GANAPATHY SAW MILL REP. BY ITS PROPRIETOR P.NALLAMUTHU 29.M/S GEETHA TIMBER TILES AND MARBLES REP. BY ITS PROPRIETOR MEGHJI MANJI PATEL https://hcservices.ecourts.gov.in/hcservices/ 30.M/S LAKSHMI SAW MILL REP. BY ITS PROPRIETOR JAGADISH B.PATEL 31.M/S MALAYERI AMMAN SAW MILL REP. BY ITS PROPRIETOR S.THANGARAMAN, 32.M/S NEW CENTURY SAW MILL REP. BY ITS PROPRIETOR C.V.GANDHILAL 33.TIMBER AND SAW MILL PLANING MILL REP. BY ITS PROPRIETOR P.MUTHUSAMY 34.M/S PANJALAL SAW MILL REP. BY ITS PROPRIETOR S.SUGANTHI 35.M/S RAJA TIMBER DEPOT AND SAW MILL REP BY ITS PROPRIETOR ARUMUGA SAMY NADAR 36.M/S RAJESHWARI INDUSTRIES REP. BY ITS PROPRIETOR T.SHANMUGAM 37.M/S RAJESWARAN SAW MILL REP. BY ITS PROPRIETOR N.PURUSHOTHAMAN 38.M/S S.V.S SAW MILL REP. BY ITS PROPRIETOR VADIVEL 38 M/S SAHAYAMATHA SAW MILL, REP. BY ITS PROPRIETOR K. AMALRAJ, 39 M/S SARKKARAI SAW MILL, REP. BY ITS PROPRIETOR A. AHAMED MYDEEN 40 M/S SRI RAMACHANDRA INDUSTRIES REP. BY ITS PROPRIETOR S. KALIYAMOORTHY, 41 M/S SRI RENUGA TIMBER TRADERS REP. BY ITS PROPRIETOR M. ANNADURAI, 42 M/S SRI YOGESWAR SAW MILL REP. BY ITS PROPRIETOR V. PANDIAN, 43 M/S SRI MAHALAKSHMI TIMBER TRADERS, REP. BY ITS PROPRIETOR G. GOVINDARAJI, 44 REP. BY ITS PROPRIETOR M. C. PATEL, M/S THANJAVUR SAW MILL, 45 M/S THE CENTURY TIMBER AND TRADERS REP BY ITS PROPRIETOR M. C. PATEL https://hcservices.ecourts.gov.in/hcservices/ 46 M/S VENKATESHWARA SAW MILL REP. BY ITS PROPRIETOR B. VEERAMANI, 47 A. K. SAW MILL REP. BY ITS PROPRIETOR P. ARUMUGAM, 48 M/S A. S. MUTHUVEL SAW MILL REP. BY ITS PROPRIETOR A. S. MUTHUVEL, 49 M/S GURUSAMY SAW MILL REP. BY ITS PROPRIETOR G. SHANMUGAKANI, 50 M/S HARI RAM SAW MILL REP. BY ITS PROPRIETOR A.S.S. SELVARAJAN, 51 M/S IMMANUVEL SAW MILL REP. BY ITS PROPRIETOR B. IMMANUVEL, 52 M/S. K. BASKHARAN SAW MILL REP. BY ITS PROPRIETOR K. BASKHARAN, 53 M/S K. P. WOOD WORKS REP. BY ITS PROPRIETOR K. PRABAKARAN, 54 M/S K. R. SAW MILL REP. BY ITS PROPRIETOR K. R. THANEERMALAI, 55 M/S KARTHIKA SAW MILL REP. BY ITS PROPRIETOR K. KRISHNAN, 56 M/S N. M. SAW MILL REP. BY ITS PROPRIETOR, K. MISRIYA BEGUM, 57 P. S. SAW MILL REP. BY ITS PROPRIETOR S. SYEADU MOHAMMAD, 58 M/S R M S SAW MILL REP. BY ITS PROPRIETOR A. RAJENDRAN, 59 M/S R S SAW MILL REP. BY ITS PROPRIETOR S. HEMAPRIYA, 60 M/S S. P SAW MILL AND S P TIMBER REP. BY ITS PROPRIETOR J. SUGAVANAM, 61 M/S S V S SAW MILL REP. BY ITS PROPRIETOR V. SUBBURAJ, https://hcservices.ecourts.gov.in/hcservices/ 62 M/S S V S SAW MILL REP. BY ITS PROPRIETOR V. DHAMODHARAKANNAN, 63 M/S SARAVANA SAW MILL REP. BY ITS PROPRIETOR R. SARAVANAN, 64 M/S S. M SAW MILL AND S M TIMBERS REP. BY ITS PROPRIETOR R. ATHIAPPAN, 65 M/S SREE BHAVANI SAW MILL REP. BY ITS PROPRIETOR G V BABU, 66 M/S SRI AMMAN SAW MILL REP. BY ITS PROPRIETOR K. KRISHNAN, 67 M/S SRI KRISHNA SAW MILL REP. BY ITS PROPRIETOR R. SELVAM 68 M/S SRI MURUGAN SAW MILL REP. BY ITS PROPRIETOR P. GNANASEKARAN, 69 M/S S. M. SAW AND SRI RAGAVENDRA TIMBER REP. BY ITS PROPRIETOR P.PARAMASIVAM 70 M/S SRI SAKTHI VINAYAGAR SAW MILL, REP. BY ITS PROPRIETOR M. SARAVANAN, 71 M/S SRI SARADHA SAW MILL REP. BY ITS PROPRIETOR B. SARATHA, 72 M/S SRI SENTHIL ANDAVAR SAW MILL, REP. BY ITS PROPRIETOR M. A. VELRAJAN, 73 M/S SRI SHANMUGA SAW MILL REP. BY ITS PROPRIETOR P. RAJENDRAN, 74 M/S SRI SUNDRANACHIYAMMAN SAW MILL REP. BY ITS PROPRIETOR P. ARUNACHALLAM, 75 M/S THAMBI RAJA TRADERS REP. BY ITS PROPRIETOR TN ASAITHAMBI, 76 M/S T. C. RAGHAVAN AND CO REP. BY ITS PROPRIETOR LATHA RANI, 77 M/S BISIMI SAW MILL REP. BY ITS PROPRIETOR K. SYED AMEER, https://hcservices.ecourts.gov.in/hcservices/ 78 M/S SEETHALAKSHMI SAW MILL AND WOOD INDUSTRY REP. BY ITS PROPRIETOR V. SUDALAIMUTHU, 79 M/S SHIV SAKTHI SAW MILL REP. BY ITS PROPRIETOR D. RAMJI PATEL, 80 M/S SHRI AMBIKA SAW MILL REP. BY ITS PROPRIETOR PREMKUMAR K. PATEL, 81 M/S SRI RAM SAW MILL REP. BY ITS PROPRIETOR G. RAMAMOORTHY, 82 M/S SRI VINAYAGA TIMBERS REP. BY ITS PROPRIETOR K. KEJAMURTHY, 83 M/S STELLA SAW MILL REP. BY ITS PROPRIETOR C. GOPINATH, 84 M/S V M T SAW MILL REP. BY ITS PROPRIETOR B. BOBAN JOHN, 85 M/S AMBIKA TIMBER AND SAW MILL REP. BY ITS PROPRIETOR NAVIN S. PATEL, 86 M/S ARAKONNAM SAW MILL AND WOOD WORKS REP. BY ITS PROPRIETOR M. S. SRINIVASAN, 87 M/S BHUVANESWARI SAKTHI SAW MILL AND TIMBER DEPOT, REP. BY ITS PROPRIETOR K. JAYANTHILAL PATEL, 88 M/S CAUVERY TIMBER COMPANY P LTD., REP. BY ITS PROPRIETOR S. PALANISAMY, 89 M/S ELUMALAI SAW MILL REP. BY ITS PROPRIETOR J. VENKATACHALAM, 90 M/S GEETHA WOOD INDUSTRIES REP. BY ITS PROPRIETOR PACHANBHAI D. PATEL, 91 M/S JALARAM TIMBERS REP. BY ITS PROPRIETOR NARAYAN L. PATEL, 92 M/S KAILASH AND CO REP. BY ITS PROPRIETOR NANJI PATEL, 93 M/S KAILASH AND COMPANY REP BY ITS PROPRIETOR DAYALAL PATEL https://hcservices.ecourts.gov.in/hcservices/ 94 M/S KAILASH TIMBER DEPOT REP BY ITS PROPRIETOR , KARSAN PATEL, 95 M/S KAILASH TIMBER MART REP. BY ITS PROPRIETOR VINOD PATEL, 96 M/S KAILASH SAW MILL REP. BY ITS PROP. SHIVJI D. PATEL, 97 M/S M.S. KALIYAMARDHANAN SAW MILL REP. BY ITS PROPRIETOR, K. R. PRASHANT, 98 M/S MEERA SAW MILL REP BY ITS PROPRIETOR, K. MEERA, 99 M/S OM SAKTHI SAW MILL REP BY ITS PROPRIETOR, S. KALAVATHI, 100 M/S RAMALAKSHMI TIMBER AND SAW MILL, REP BY ITS PROPRIETOR, JAYAKKANI. S, 101 M/S S. D. WOOD INDUSTRIES REP BY ITS PROPRIETOR, D. RAVI, 102 SRI BALAJI SAW MILL REP BY ITS PROPRIETOR T. BABU RAO, 103 SRI GANESH SAW MILL AND TIMBER DEPOT, REP BY ITS PROPRIETOR A. SARAVANA KUMAR, 104 M/S.SRI KRISHNAA INDUSTRIES REP BY ITS PROPRIETOR M. KRISHNAN, 105 M/S. SRI MEENAKSHI SAW MILLS REP BY ITS PROPRIETOR K. K. RAMASAMY RAJA, 106 M/S. SRI RAM SAW MILL REP BY ITS PROPRIETOR H. RAMESH CHANDRAN, 107 M/S.SRI UMIYA SAW MILL REP BY ITS PROPRIETOR L. MALVAJI PATEL, 108 M/S. STANDARD SAW MILL REP BY ITS PROPRIETOR N. VASANTH, 109. M/s. SUN BRIGHT TIMBERS, REP.BY ITS PTOPRIETOR MEGHJI-SHSIVJI-PATEL 110. M/S. TIRUPATHI SAW MILL, REP.BY ITS PROPRIETOR N.R.PATEL https://hcservices.ecourts.gov.in/hcservices/ 111. M/S. A.C. KALIYAN SAW TIMBER AND SAW MILL, REP.BY ITS PROPRIETOR A.C. KALIYAN 112. M/S. BALAKRISHNAN SAW MILL, REP.BY ITS PROPRIETOR K. BALAKRISHNAN 113. M/S. KALINGAM SAW MILL & WOOD PALNNING, REP.BY ITS PROPRIETOR A.P.SAMPATH, 114. M/S. N.P.SUBRAMANI WOOD INDUSTRY, REP. BY ITS PROPRIETOR N.P. SUBRAMANI, 115. M/S. SELVAMA SAW MILL, REP.BY ITS PRORPRIETOR B. SELVAM, 116. M/S.SENTHIL KUMAR SAW MILL, REP.BY ITS PROPRIETOR N.L. SEMTHILKUMAR, 117. M/S. PREMA WOOD INDUSTRIES REP.BY ITS PROPRIETOR L. PREMA. VS 1 THE ADDL. PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND CHAIRMAN STATE LEVEL COMMITTEE O/O. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS PANAGAL MAALIGAI SAIDAPET CHENNAI 15 2 MEMBER SECRETARY CENTRAL EMPOWERED COMMITTEE IIND FLOOR CHANAKYA BHAWAN CHANKYAPURI NEW DELHI 1100021 [ RESPONDENT ] Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the representation of the petitioners dated 13.12.2010 and 4.1.2011 and give them personal hearing to be held on 11.1.2011 along with the similarly placed persons in the light of the instructions of the Central Empowered Committee dated 11.12.2008 and notification of the State level Committee dated 26.11.2010 as applied in the case of all similarly placed persons and consequently include the name of the petitioners in the final list of saw mills and issue licence under Rule 11 of the Tamil Nadu Regulation of Wood Based Industries Rules 2010 to run the saw mills of the petitioners. https://hcservices.ecourts.gov.in/hcservices/ For Petitioners : Mr.K. Venkataramani Sr. Counsel for Mr.J. Venugopal For Respondents : Mr. S.N.Kirubakaran Spl.Govt. Pleader(Forest) ORDER This writ petition is filed to direct the respondents to consider the representation of the petitioners dated 13.12.2010 and 4.1.2011 and give them personal hearing to be held on 11.1.2011 along with the similarly placed persons in the light of the instructions of the Central Empowered Committee dated 11.12.2008 and notification of the State level Committee dated 26.11.2010 as applied in the case of all similarly placed persons and consequently include the name of the petitioners in the final list of saw mills and issue licence under Rule 11 of the Tamil Nadu Regulation of Wood Based Industries Rules 2010 to run the saw mills of the petitioners. 2. Pursuant to the orders of the Hon'ble Apex Court in WP (C) 202 of 1995, dated 30.10.2002 and the various proceedings of the Central Empowered Committee constituted by the Hon'ble Supreme Court in the above cited case, the Government of Tamil Nadu issued G.O.Ms.No. 156 Environment and Forest FR 13, dated 21.10.2001 in exercise of power under Section 26 read with 35 of the Tamil Nadu Forest Act 1882 for regulation of wood based industries. Under the said Government Order, the Tamil Nadu Regulation of Wood Based Industries Regulation 2010 was brought into force. 3. It is not in dispute that the said Rules have been duly approved by the Central Empowered Committee constituted and as per the orders of the Hon'ble Apex Court, a ban was imposed with regard to opening of new saw mills and other wood based industries. Even the renewal of licence was directed to be considered by the Central Empowered Committee till appropriate Rules are framed by the State Government. 4. In view of the subsequent development viz., the notification of the Tamil Nadu Regulation of Wood Based Industries Rules 2010, the Tamil Nadu Forest Department, based on certain material collected by them, published a provisional list of establishment viz., Saw Mills, Plywood and Veneer Industries and Wood Based Industries established prior to 30.10.2002. In the notification dated 26.11.2010, any person aggrieved was called upon to inform his objections to the Additional Principal Chief Conservator of Forest (Forest Conservation Act) and Chairman, State https://hcservices.ecourts.gov.in/hcservices/ Level Committee, on or before 13.12.2010, so that the person concerned will be heard before any action is taken by the Forest Department. The petitioners, who have filed a common writ petition, claimed to be saw mill establishments established prior to 30.10.2002. In response to the notification dated 26.11.2010, submitted their application to the authorities mentioned therein by way of e-mail and individual personal representations, which are contained in Pages 41 to 274 in the typed set of papers. Three copies of which have been given to the Special Government Pleader as well. They plead hearing to redress the grievance and for relief as above. 5. The Tamil Nadu Forest Department issued a notification on 26.11.2010, which reads as follows:- " TAMIL NADU FOREST DEPARTMENT NOTIFICATION As per the orders of the Hon'ble Supreme Court of India in W.P.(C) No. 202/95, dated 30.10.2002, all saw Mills, Plywood and Veneer Industries shall operate only with licence. As decided by the Central Empowered Committee constituted by the Hon'ble Supreme Court of India, in the meeting held at New Delhi on 10.12.2008, as a preliminary action for licencing the Saw Mills, Veneer, Plywood Industries and Wood Based Industries established prior to 30.10.2002 under the rules framed under the Tamil Nadu Forest Act, 1882, a provisional list of such establishments has been published in the website of Forest Department in WWW.forests.tn.nic.in. Any aggrieved person may inform the objections, if any, in writing to the Additional Principal Chief Conservator of Forests (Forest Conservation Act) and Chairman, State Level Committee, No.1, Jeenis Road, Panagal Maaligai, 8th floor, Saidapet, Chennai.15 on or before 13.12.2010." 6. The petitioners numbering about 117 Saw Mill Establishments claimed that they have submitted their objection by way of e-mail to the competent authority stating that they have not been included in the final list. Such representations have also been given in person and acknowledged by the respondents. Three copies of the objections have been furnished to the Special Government Pleader (Forest) so as to verify the petitioners' claim. The reason for filing the present writ petition is that in respect of certain establishments, the Regional State Level Committee has issued a notice stating that a public hearing will take place on 11.1.2011 at JFM training Central, Velachery Main Road, (Opp) Puttu Koil, Near Government Automobile Workshop, Velachery, Chennai at 10.00 a.m. to 2.00 p.m. In the said proceedings, the person/industry was called upon to represent either in person or through his representative. The petitioners claimed to be saw mill establishments prior to 30.10.2002 and their grievance is that their names would not find place in the provisional list and therefore, their objections should https://hcservices.ecourts.gov.in/hcservices/ also be heard by the State Level Committee in the hearing on 11.1.2011 as in the case of other left out persons to whom notices have been issued. 7. Heard Mr.K. Venkataramani, learned Senior counsel appearing for the petitioners and Sri. S.N. Kirubhakaran, Special Government Pleader(Forest). 8. If the petitioners are able to establish before the authority that they have made their objection to the notification dated 26.11.2010 and have also given written representations, the respondent authority shall in all fairness consider their claim for inclusion of their names in the provisional list so as to enable them to seek the licence in terms of the Tamil Nadu Regulation of Wood Based Industries Rues 2010 notified in Tamil Nadu Government Gazettee on 25.10.2010. 9. The petitioners are therefore directed to appear before the first and second respondents on 11.1.2011 for consideration of their plea for inclusion in the provisional list/final list. The petitioners' plea shall be considered along with similarly placed persons, who have been called for hearing on 11.1.2011. The respondents/authority shall decide the petitioners' claim for inclusion of their names in the final list and consequential relief for grant of licence on merits and in accordance with law. If required, the respondents shall also indicate another date for hearing insofar as the petitioners are concerned. This writ petition is ordered as above. No costs. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. ra To 1. THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND CHAIRMAN STATE LEVEL COMMITTEE O/O. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS PANAGAL MAALIGAI SAIDAPET CHENNAI 15. https://hcservices.ecourts.gov.in/hcservices/ 2 MEMBER SECRETARY CENTRAL EMPOWERED COMMITTEE IIND FLOOR CHANAKYA BHAWAN CHANKYAPURI, NEW DELHI 1100021. + 1 cc to Special Government Pleader SR.2191 + 2 ccs to Mr. J. Venugopal SR.2190 WP No. 613 of 2011 KM(CO) Eu 23.3.11 https://hcservices.ecourts.gov.in/hcservices/