1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.07.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)No.8113 of 2011 and M.P.(MD)No.1 of 2011 Tamilnadu Timber Merchants and Saw Mill Owners Federation, represented by its President, Jawaharlal, No.273, Thiruparangundram Road, Vasantha Nagar, Madurai-3. .. Petitioner Vs. 1. The Secretary to Government, Industries Department, State of Tamil Nadu, Chennai-9. 2. The Secretary to Government, Health Department, State of Tamil Nadu, Chennai-9. 3. The Secretary to Government, Environment and Forest Department, State of Tamil Nadu, Chennai-9. 4. The Charidman, Tamil Nadu Electricity Board, State of Tamil Nadu, Chennai-9. 5. The Secretary to Government, Rural Development Department, State of Tamil Nadu, Chennai-9. 6. The Director, Fire and Rescue Department, Chennai-8. 7. The Principal Chief conservior of Forests(Head of Forest Force), Panagal Building, Saidapet, Chennai-15. https://hcservices.ecourts.gov.in/hcservices/ 2 8. The Additional Principal Chief Conservator of Forests, (Head of Forest Force), Panagal Building, Saidapet, Chennai-15. 9. The Chief Conservator of Forests and Field Director, ATR Pollachi. 10.The Chief Conservator of Forests and Field Director, Tirunelveli. 11.The District Forest Officer, Attur. 12. The District Forest Officer, Coimbatore. 13. The District Forest Officer, Cuddalore. 14. The District Forest Officer, Dharmapuri. 15. The District Forest Officer, Dindigul. 16. The District Forest Officer, Erode. 17. The District Forest Officer, Guddalore. 18. The District Forest Officer, Harur. 19. The District Forest Officer, Hosur. 20. The District Forest Officer, Kallakurichi. 21. The District Forest Officer, Kancheepuram. 22. The District Forest Officer, Kanyakumari. 23. The District Forest Officer, Karur. 24. The District Forest Officer, Madurai. 25. The District Forest Officer, Namakkal. 26. The District Forest Officer, Nilgiris North. 27. The District Forest Officer, Nilgiris North. 28. The District Forest Officer, Perambalur. 29. The District Forest Officer, Pudukottai. 30. The District Forest Officer, Ramnad & Sivagangai. 31. The District Forest Officer, Salem. 32. The District Forest Officer, Sathyamangalam. https://hcservices.ecourts.gov.in/hcservices/ 3 33. The District Forest Officer, Srivilliputhur. 34. The District Forest Officer, Thanjavur. 35. The District Forest Officer, Theni. 36. The District Forest Officer, Thiruvarur. 37. The District Forest Officer, Thoothukudi. 38. The District Forest Officer, Tirunelveli. 39. The District Forest Officer, Tirupathur. 40. The District Forest Officer, Tiruvallur. 41. The District Forest Officer, Tiruvannamalai. 42. The District Forest Officer, Trichy. 43. The District Forest Officer, Vellore. 44. The District Forest Officer, Villupuram. 45. The District Forest Officer, WLW Nagai. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to pass order on the applications of the members of the petitioner, as per the directions of the Central Empowered Committee, New Delhi dated 11.12.2008, provision of the Tamil Nadu Regulation of Wood Based Industries Rules, 2010, as applied in the case of sawmills started before 30.10.2002 and consequently issue licence under Rule 11 of the Tamil Nadu Regulation of Wood Based Industries Rules, 2010, to run the sawmill. For Petitioner : Mr.S.N.Kirubanandam For Respondents : Mr. M.Govindan, Special Government Pleader. O R D E R This Writ Petition has been filed by the petitioner for a Writ of Mandamus, to direct the respondents to pass order on the applications of the members of the petitioner, as per the directions of the Central Empowered Committee, New Delhi dated 11.12.2008, provision of the Tamil Nadu Regulation of Wood Based Industries Rules, 2010, as applied in the case of sawmills started before 30.10.2002 and consequently issue licence under Rule 11 of the Tamil Nadu Regulation of Wood Based Industries Rules, 2010, to run the sawmill. 2. Heard Mr.S.N.Kirubanandam, learned counsel for the petitioner and Mr.M.Govindan, learned Special Government Pleader, who takes notice for the respondents. https://hcservices.ecourts.gov.in/hcservices/ 4 3. By consent, the writ petition itself is taken up for final disposal. 4. The writ petition is filed by the Tamilnadu Timber Merchants and Saw Mill Owners Federation represented by its President. Though the writ petition filed by the Federation may not be maintainable as such, considering the large number of saw mill owners who are seeking the same relief and the amount of time that it will take for filing individual petitions and for passing a common order which will all unnecessary burden on the Court and registry and further to avoid unnecessary waste of papers which will consume more wood pulp, this Court is inclined to take up the petition in common in respect of 291 members of federation on payment of a sum of Rs.58,200/- (less the sum of Rs.200/- already paid) towards additional Court fees. 5. The members of the Federation claim to be running saw mills on or before 30.10.2002. Each one of the members claims that they filed an application to the authority specified namely the licence officer mentioned in Rule 2(f) of the Tamil Nadu Regulation of Wood Based Industries Rules 2010, which came into effect from 21.10.2010. 6. In accordance with Rule 4, the licence shall be granted by the licence officer, after satisfying himself that the application is in accordance with all the regulatory mechanisms in enforce for the time being and after considering the various parameters set out in the said rules. The licensing officer, before granting such licence, has to get approval of the Central Empowered Committee constituted consequent to the order of the Apex Court in W.P.(C).No.202/1995 in its order dated 30.10.2002. 7. In order to get licence in terms of the aforesaid rules, it is stated by Sri.S.N.Kirubanandam, learned Counsel appearing for the petitioner that individual applications have been made by the members of the Federation to the respective Forest Officers for grant of licence on proper acknowledgement and that has to be considered favourably, so as to enable the petitioners to continue their business. 8. The learned Special Government Pleader states that the Forest Officer concerned in each one of the case, will consider the claim of the member on its own merits. 9. In view of the above, each one of the members of the Federation, who seek licence from the District Forest Officer, in terms of Rule 4 of the above said Rules, is directed to submit a letter enclosing a copy of this order and bring to authorities' attention the application already filed, so as to enable the District Forest Officer concerned to proceed with the application in terms of the above said Rules. 10. The District Forest Officers concerned are directed to consider the said representation and the individual applications so filed on its own merits for grant of licence expeditiously after getting the approval from the Central Empowered Committee and any other authority as may be required by law. Such exercise shall be completed as expeditiously as possible by taking note of the plea made by the learned Counsel for the https://hcservices.ecourts.gov.in/hcservices/ 5 petitioner that all the members of the Federation are eking their livelihood in the small saw mills. 11. The writ petition is disposed of as above. Consequently, the connected Miscellaneous Petition is closed. No costs. Sd/- 21.07.2011 This petition having been posted on Wednesday the Third day of August Two Thousand and Eleven “for being mentioned” in the presence of the aforesaid counsels, the Court made the following order : The matter is listed today under the caption “for being mentioned” 2. In the order passed in WP.(MD).NO.8113 of 2011, dated 21.07.2011, no time limit has been specified even though it was ordered and hence the order needs to be corrected and accordingly the relevant part of the order is corrected as follows : 3. In view of the above, paragraph No.10 of the order passed in WP. (MD).No.8113 of 2011, dated 21.07.2011, shall read as follows : “10. The District Forest Officers concerned are directed to consider the said representation and the individual applications so filed on its own mertis for grant of licence expeditiously after getting the approval from the Central Empowered Committee and any other authority as may be required by law. Such exercise shall be completed as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order by taking note of the plea made by the learned counsel for the petitioner that all the members of the Federation are eking their livelihood in the small saw mills.” Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar(CS) To 1. The Secretary to Government, Industries Department, State of Tamil Nadu, Chennai-9. 2. The Secretary to Government, Health Department, State of Tamil Nadu, Chennai-9. 3. The Secretary to Government, Environment and Forest Department, State of Tamil Nadu, Chennai-9. https://hcservices.ecourts.gov.in/hcservices/ 6 4. The Charidman, Tamil Nadu Electricity Board, State of Tamil Nadu, Chennai-9. 5. The Secretary to Government, Rural Development Department, State of Tamil Nadu, Chennai-9. 6. The Director, Fire and Rescue Department, Chennai-8. 7. The Principal Chief conservior of Forests(Head of Forest Force), Panagal Building, Saidapet, Chennai-15. 8. The Additional Principal Chief Conservator of Forests, (Head of Forest Force), Panagal Building, Saidapet, Chennai-15. 9. The Chief Conservator of Forests and Field Director, ATR Pollachi. 10.The Chief Conservator of Forests and Field Director, Tirunelveli. 11.The District Forest Officer, Attur. 12. The District Forest Officer, Coimbatore. 13. The District Forest Officer, Cuddalore. 14. The District Forest Officer, Dharmapuri. 15. The District Forest Officer, Dindigul. 16. The District Forest Officer, Erode. 17. The District Forest Officer, Guddalore. 18. The District Forest Officer, Harur. 19. The District Forest Officer, Hosur. 20. The District Forest Officer, Kallakurichi. 21. The District Forest Officer, Kancheepuram. 22. The District Forest Officer, Kanyakumari. 23. The District Forest Officer, Karur. 24. The District Forest Officer, Madurai. https://hcservices.ecourts.gov.in/hcservices/ 7 25. The District Forest Officer, Namakkal. 26. The District Forest Officer, Nilgiris North. 27. The District Forest Officer, Nilgiris South. 28. The District Forest Officer, Perambalur. 29. The District Forest Officer, Pudukottai. 30. The District Forest Officer, Ramnad & Sivagangai. 31. The District Forest Officer, Salem. 32. The District Forest Officer, Sathyamangalam. 33. The District Forest Officer, Srivilliputhur. 34. The District Forest Officer, Thanjavur. 35. The District Forest Officer, Theni. 36. The District Forest Officer, Thiruvarur. 37. The District Forest Officer, Thoothukudi. 38. The District Forest Officer, Tirunelveli. 39. The District Forest Officer, Tirupathur. 40. The District Forest Officer, Tiruvallur. 41. The District Forest Officer, Tiruvannamalai. 42. The District Forest Officer, Trichy. 43. The District Forest Officer, Vellore. 44. The District Forest Officer, Villupuram. 45. The District Forest Officer, WLW Nagai. Copy to The Section Officer, Writ Section, Madurai Bench of Madras High Court,Madurai +1cc to The Special Government Pleader, SR.No.24438 +1cc to Mr.S.N.Kirubanandam, Advocate, SR.No.23943 SS1 GH : 17.08.2011 : 7p/49c W.P(MD)No.8133 of 2011 and M.P.(MD)No.1 of 2011 21.07.2011 https://hcservices.ecourts.gov.in/hcservices/