Compliance with the formalities as required under the Forest Conservation Act, 1980 and the Tamil Nadu Regulation of Wood Based Industries Rules, 2010, and the necessity of obtaining licenses from the competent authority for operating saw mills.

M.Y. EQBAL, CJ.

These writ appeals are directed against the common order passed by the learned single Judge in W.P. Nos.14158 to 14160 of 2012. The writ petitions were filed seeking to quash the orders passed by the first respondent directing disconnection of service connections to the appellants' saw mills on the ground of non-production of license for running the saw mills and for a direction to the respondents not to interfere with the electricity connection to the appellants' premises.

2. Briefly stated, the facts of the case are as follows :-

The appellants/writ petitioners are wood based industries claiming to be in vogue for more than a decade. They were issued with notices by the Electricity Department informing them that they should produce a licence issued by the competent authority under the provisions of Tamil Nadu Regulation of Wood Based Industries Rules, 2010 for the grant of power supply, failing which, the electricity supply to their premises would be disconnected. In W.P. No.14159 of 2012, since the writ petitioner failed to furnish produce the license before the authority concerned despite due notice, the service connection stood disconnected.

3. The case of the appellants/writ petitioners is that they are Small Scale Industries, having limited annual capacity and having secured prior permission from the authorities concerned. On the introduction of the Tamil Nadu Regulation of Wood Based Industries Rules, 2010, they were called upon to file applications for grant of license and accordingly they filed applications for grant of license to run their saw mills. However, instead of issuing the said permission, they were issued with the impugned notices calling for production of requisite licenses from the authorities concerned and the consequent disconnection of service connections on failure to do so. The appellants contended that the electricity department was not competent to direct disconnection of power supply, especially when the authorities of the Forest Department, who are only authorised to issue license etc., had granted no objection for running of the appellants' saw mills, the high handed action of the electricity department in disconnecting power supply to the appellants' saw mills caused considerable hardship to the appellants' businesses.

4. Per contra, the case of the respondents is that sawmills started prior to 30.10.2002 shall have to obtain licence and permission from the licensing officer as prescribed in Tamil Nadu Regulation of Wood Based Industries Rules, 2010, pursuant to the orders of the Hon'ble Supreme Court of India in W.P.(C)No.202/1995 dated 30.10.2002, which stipulated that all Sawmills, Plywood and Veneer Industries shall operate only with license. The concurrence of the Central Empowered Committee shall have to be obtained for grant of licence for opening of any sawmills after 30.10.2002. Thus, the District Forest Officer before granting license shall obtain permission of the Central Empowered Committee. The opening of a sawmill without such prior permission is contempt of the orders of the Supreme Court. According to the respondents, they received 395 applications post 30.10.2002. Those applications were under examination and will be placed before the State Level Committee for recommendations to the Central Empowered Committee and will be taken up on priority basis. The mills who had applied for permission post 30.10.2002 cannot be allowed to run the sawmills as it would amount to violation of the orders of the Hon'ble Supreme Court of India and provisions of Tamil Nadu Regulation of Wood Based Industries Rules, 2010. Therefore, according to the respondents, they are duty bound to close all the sawmills, which are running in violation of the orders of the Hon'ble Supreme Court.

5. Mr. V. Raghavachari, learned counsel for the appellants mainly contended that the Rules framed by the Government of Tamil Nadu, viz. the Tamil Nadu Regulation of Wood Based Industries, 2010