LAWS(MAD)-2014-7-305

ALAGULAKSHMI INDUSTRIES Vs. MEMBER SECRETARY

Decided On July 23, 2014
Alagulakshmi Industries Appellant
V/S
MEMBER SECRETARY Respondents

JUDGEMENT

(1.) These Writ Petitions are directed against the order dated 09.04.2014, whereby and whereunder, the fourth respondent called upon the petitioners to stop the manufacturing process of match splints till licenses are issued by the competent authority.

(2.) The petitioners have come up with a contention that they have established the respective Industries prior to 30.10.2002 and as such, they are entitled to undertake the activities relating to manufacture and sale of match splints and allied items. According to the petitioners, the applications for licence are all pending before the third respondent. The third respondent, vide its communication dated 12 April, 2014, called upon the concerned applicants to appear before the office of the Conservator of Forest with necessary documents for the purpose of granting licence. It is the grievance of the petitioners that they are all existing manufacturers, who have established the Industries prior to 30.10.2002 and as such, they are entitled to licence. The applications are pending before the third respondent. The fourth respondent, even during the currency of those applications, passed the impugned orders, directing them to discontinue the manufacturing activities. The petitioners are, therefore, before this Court.

(3.) The learned counsel for the petitioners contended that the petitioners are having documents to show that they have commenced manufacturing activities before the cut-off date and as such, they are entitled to licences. According to the learned counsel, it is not open to the statutory authority to keep the applications for licence pending and at the same time, to proceed against the Industries for closure.