JUDGMENT :

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents 2 to 4 to conduct the survey of the Industries indulging in manufacturing of Match Splits and Veneers function within the State of Tamil Nadu and to take immediate action including the prosecution for their involvements and violation of the Rules under Tamil Nadu Regulation of Wood Based Industries Rule, 2010 forthwith.)

1. The grievance of the petitioner is that the application submitted, seeking permission to run the Industry is yet to be considered.

2. The learned counsel for the petitioner states that many number of such applications are being kept pending and the respondents so far have not considered the same.

3. The second respondent-Principal Chief Conservator of Forests filed counter-affidavit stating that the aim of the Tamil Nadu Regulation of Wood Based Industries Rules, 2010 is to regulate the Wood Based Industries as defined under Rule 2(h) of the abovesaid Rules.

4. It is not meant for cottage industries, but intended to regulate the Wood Based Industries. In this regard, the Hon'ble Supreme Court of India also passed an order, which is referred by the second respondent in their counter-affidavit and even as per the counter-affidavit filed by the second respondent, actions are to be initiated to consider the applications, if any, filed by the petitioner and a decision is to be taken strictly in accordance with law and the Rules in force.

5. It is relevant to extract paragraphs-4, 5 and 6 of the counter-affidavit filed by the second respondent, which read as under:-

“4. I respectfully submit that the Hon'ble Supreme Court of India, New Delhi in its order dated 30.10.2002 in W.P.(C) No.202 of 1995 have issued various directions and the operative portion of the directions on Saw Mills, Veneer and Ply Wood Industries read as follows:-

“No State Government or Union Territory shall permit unlicensed Saw Mills, Veneer or Plywood Industry to operate and they are directed to close all such unlicensed Units forthwith.

No State Government or Union Territory will permit the opening of any Saw Mills, Veneer or Plywood Industries without prior permission of the Central Empowered Committee. The Chief Secretary of each State will ensure strict compliance of this direction. There shall also be no relaxation of Rules with regard to the grant of license without previous concurrence of the Central Empowered Committee.

It shall be open to apply to this Court for relaxation and/or appropriate modification or orders qua plantations or grant of licenses.”

5. I respectfully submit that the Central Empowered Committee, New Delhi vide their letter No.2-31/CEC/2007 dated 03.05.2007 had constituted the State Level Committee for Wood Based Industries in the State of Tamil Nadu. Subsequently, as requested by the Principal Chief Conservator of Forests, the Central Empowered Committee in their letter No.2-1/CEC/SC/2007 dated 27.06.2007 had nominated the Additional Principal Chief Conservator of Forests (Forest Conservation Act), Office of the Principal Chief Conservator of Forests as the Chairman of the Committee in the place of the Principal Chief Conservator of Forests.

6. I respectfully submit that Tamil Nadu Regulation of Wood Based Industries Rules, 2010 is enacted in the State of Tamil Nadu with effect from 21.10.2010 by the Government in G.O.Ms. No.156, Environment and Forest (FR13) Department, dated 21.10.2010 published in Tamil Nadu Government Gazette No.323, Extraordinary on 21.10.2010. The Wood Based Industries regulated by the provisions of Tamil Nadu Regulation of Wood Based Industries Rules, 2010, which reads as follows:-

“.... Rule 2(1)(h) “Wood based industries” means saw mill, veneer industries, plywood industries, particle board units, Medium Density Fibre Units, block board units, paper pulp and rayon units and includes any other unit involved in cutting, re-sawing or convert