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2012 Supreme(Mad) 2389
High Court of Judicature at Madras
R. SUDHAKAR
M/s. Sri Amman Saw Mill, Represented by its Proprietor Coimbatore District & Others Versus
The Forest Range Officer, Karamadai & Others
W.P.Nos.12861, 12900 to 12905, 12944, 12980 to 12983, 13009 to 13013, 13015 to 13023, 13064, 13072, 13075 to 13081, 13110, 13132 to 13142, 13190 to 13197, 13198, 13259, 13260, 13264, 13275, 13291, 13359, 13400, 13546, 13547, 13593, 13599, 13675, 13676, 14004 to 14011, 14018, 14053, 14103 to 14107, 14121, 14136 to 14139, 14143, 14144, 14158 to 14160 & 14240 of 2012 & M.P.No.1 of 2012 in W.P.Nos.12900 to 12904, 13009 to 13013, 13015 to 13019, 13021 to 13023, 13064, 13110, 13132 to 13141, 13190 of
Decided on: 12-06-2012
For the Appearing Parties:K. Kannaiah Naidu, Paramasivadoss, A. Esakkiappan, G. Sankaran, C. Prabakaran, M. Velmurugan, P. Pazhamalai, S. Saravanakumar, Balan Haridas, G. Thilakavathi, C. Prakasam, K. Premkumar, V. Raghavachari, T. Murugamanikkam, A. Prabhakaran, S.N. Kirubanandam, J. Shanmugasundarababu. A. Navaneethakrishnan, Advocate General Assisted by M/s. G. Vasudevan P. Gunaraj, S.K. Rameshwar & Varunkumar, for Electricity Board, Advocates, M.K. Subramanian, Special Government Pleader, (Forest).
Sawmills cannot operate without a license as per the 29.10.2002 order of the Supreme Court and the Tamil Nadu Regulation of Wood Based Industries Rules, 2010.
Headnote:
Sawmills - Tamil Nadu Regulation of Wood Based Industries Rules, 2010 - 29.10.2002 Order of the Supreme Court - Central Empowered Committee - License for Sawmills - Power Supply - Disconnection of Electricity - Restoration of Electricity Supply - Grant of License
Fact of the Case:
The writ petitions were filed by sawmills challenging the requirement of a license under the Tamil Nadu Regulation of Wood Based Industries Rules, 2010 for power supply and seeking restoration of electricity supply. The issue revolved around running sawmills pending applications for a license and restoration of electricity supply.
Finding of the Court:
The court found that sawmills cannot operate without a license as per the 29.10.2002 order of the Supreme Court and the Tamil Nadu Regulation of Wood Based Industries Rules, 2010. The court directed the District Forest Officers to expedite the consideration of license applications and restoration of electricity supply, but clarified that sawmills cannot claim a right to run the industry or electricity supply until the license is issued.
Issues: Requirement of a license for sawmills under the Tamil Nadu Regulation of Wood Based Industries Rules, 2010, and the restoration of electricity supply pending license applications.
Ratio Decidendi: Sawmills cannot operate without a license as per the 29.10.2002 order of the Supreme Court and the Tamil Nadu Regulation of Wood Based Industries Rules, 2010. The court directed the expedited consideration of license applications and restoration of electricity supply, but clarified that sawmills cannot claim a right to run the industry or electricity supply until the license is issued.
Final Decision: The writ petitions were disposed of with the direction for expedited consideration of license applications and restoration of electricity supply, but without granting a right to run the industry or electricity supply until the license is issued.
1. Writ Petition No.12861, 13009 to 13013, 13015 to 13023, 13132 to 13142 of 2012 have been filed praying to issue a Writ of Certiorari, to call for the records of the fourth respondent, second respondent respectively, viz., Assistant Engineer, Electricity Board, dated 24.4.2012, 25.04.2012, 20.4.2012, 25.4.2012, 19.4.2012, 25.4.2012, 25.4.2012, 19.4.2012, 25.4.2012, 25.4.2012, 19.4.2012 27.4.2012, 25.4.2012, 25.4.2012, 19.4.2012, 25.4.2012, 25.4.2012, 25.4.2012, 25.4.2012, 25.4.2012, 25.4.2012, 25.4.2012, 25.4.2012, 25.4.2012, 25.4.2012 and 25.4.2012 respectively and quash the same.
2. Writ Petition Nos.12980 to 12983, 13075 to 13081, 13359, 13400, 13546, 13547, 13593, 13675, 13676 and 14018 of 2012 have been filed praying to issue a Writ of Certiorarified Mandamus, to call for the records of the second respondent and quash the same as illegal and consequently forbear the respondents in any way insisting for licence for running the petitioners' sawmill and for providing electricity in service connection and other amenities for running the petitioners' saw mills until the disposal of the petitioners' applications for grant of licence is made under the provisions of Tamil Nadu Regulation of Wood Based Industries Rules, 2010.
3. Writ Petition Nos.12944 and 13072 of 2012 have been filed praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned letter dated 3.2.2012 and 8.3.2012, issued by the third respondent, quash the same and direct the second respondent to consider the petitioners' application under Tamil Nadu Regulation of Wood Based Industries Rules, 2010 and issue licence to petitioners' Sawmills.
4. Writ Petition No.13064 of 2012 has been filed praying to issue a Writ of Certiorarified Mandamus, directing the respondents to call for the records relating to the letter dated 21.4.2012 issued by the third respondent and to quash the same consequently directed the respondents to grant two months time to comply with the impugned order.
5. Writ Petition Nos.12905 and 13110 of 2012 have been filed praying to issue a Writ of Certifiorarified Mandamus, calling for the records relating to the fifth respondent and second respondent respectively, namely, the Assistant Engineer, Electricity Board, dated 18.4.2012 and 25.4.2012 respectively and to quash the same and to further direct the respondents not to interfere with the business activities of the petitioners Saw Mills, pending disposal of passing orders by the respondents 1 to 3 upon the application made by the petitioners for permission and licence to the petitioners Sawmills.
6. Writ Petition Nos.12900 to 12904 of 2012 have been filed praying to issue a Writ of Mandamus, forbearing the respondents from interfering with the petitioner Saw Mill trading activities and to direct the respondents 1 to 3 to pass appropriate orders on his application dated 12.03.2011 within reasonable time and further direct the respondents 4 and 5 not to disconnect the E.B. Connection till the disposal of the application dated 12.03.2011.
7. Writ Petition Nos.13190 to 13197 and 13291 of 2012 have been filed praying to issue a Writ of Mandamus, directing the first respondent to restore the electricity supply given to the petitioners' sawmill, which was disconnected.
8. Writ Petition No.13198 and 13264 of 2012 have been filed praying to issue a Writ of Certiorarified Mandamus, calling for the records from the first respondent relating to his proceedings dated 25.04.2012 and 18.4.2012 respectively, quash the same and consequently direct the second respondent to process the petitioners' applications for renewal of licence submitted by him in August 2011 and December 2009 respectively by granting renewal of licence.
9. Writ Petition Nos.13259 and 13260 of 2012 have been filed praying to issue a Writ of Certiorarified Mandamus, quash the order of the second respondent dated 18.4.2012 in and by which petitioners' service connection bearing Nos.45400
