P Krishnaveni vs. Thd District Collector
Facts
The petitioner, P. Krishnaveni, sought to operate a saw mill and applied for a license to the third respondent, the Wildlife Warden. The application was rejected by an order dated October 1, 2015. The petitioner challenged this rejection through a writ petition before the Madurai Bench of the Madras High Court. The respondents were the District Collector, the District Forest Officer, and the Wildlife Warden. The procedural history indicates that the writ petition was filed in 2015 and the order under challenge is the rejection of the license application.
Held
The Court acknowledged that due to subsequent developments, the petitioner could re-submit her application. The Court directed that the petitioner must submit her Aadhaar card and furnish her GST number along with the fresh application. The third respondent, now re-designated as the Deputy Director of Tiger Reserve Forest, Srivilliputhur and Megamalai, was ordered to consider the fresh application on its merits and in accordance with the law. This consideration was to be completed within eight weeks from the date of receipt of the application. The original rejection order was effectively set aside by allowing the petitioner to re-apply and have the application considered afresh. The Court did not explicitly decide on the legality of the original rejection order but provided a path for the petitioner to obtain the license.
Key Issues
1. Whether the rejection of the petitioner's application for a saw mill license by the Wildlife Warden was illegal, and if so, should the order be quashed? (Question of law and fact, turning on the Tamil Nadu Regulation of Wood Based Industries Rules, 2010, specifically Rule 4(2)). Petitioner's contention: The petitioner argued that the rejection order was illegal and sought its quashing, along with a direction to grant the license as per the relevant rules. The petitioner relied on Rule 4(2) of the Tamil Nadu Regulation of Wood Based Industries Rules, 2010. Respondents' contention: The judgment does not record any specific arguments made by the respondents. However, the court's subsequent directions suggest that certain requirements were not met by the petitioner at the time of the initial application.
Sections Cited
Rule 4(2)
AI-generated summary — verify with the full judgment below
1 W.P.(MD)NO.23399 OF 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2023 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.23399 of 2015 AND M.P.(MD)No.1 of 2015 & W.M.P.(MD)No.6615 of 2021 P.Krishnaveni
... Petitioner Vs.
The District Collector, Collectorate, Madurai District.
The District Forest Officer, O/o.The District Forest Office, Srivilliputhur Division, Srivilliputhur.
The Wildlife Warden, Grizzled Squirrel Sanctuary, Srivilliputhur Division, Srivilliputhur. ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No.1131/2015-M dated 01.10.2015 on the file of respondent No.3 and quash the same as illegal and consequently direct the Respondent No.2 to grant licence for the petitioner's Saw Mill as per the Rule 4(2) of the Tamil Nadu Regulation of Wood Based Industries Rules, 2010 within the time stipulated by this Court. 1/4 https://www.mhc.tn.gov.in/judis
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