KALLAI SAW MILLS, REP BY ITS PROPRIETOR E ANANDAN AND T R SAW MILLS, REP BY ITS PROPRIETOR T RAJAPPAN Vs. STATE OF TAMIL NADU, REP BY ITS SECRETARY, ENVIRONMENTAL AND FOREST DEPARTMENT

JUDGEMENT

(1.) As both the writ petitions arise out of almost similar situation and the grounds of attack are one and the same, with consent of learned Counsel on either side, the writ petitions are taken up together for final disposal after hearing the learned Special Government Pleader and the learned Additional Government Pleader.

(2.) The facts in respect of WP. No. 30264 of 2006 are taken as a typical case for the disposal of these writ petitions, which facts are as follows:

(3.) According to the petitioner, as per the order of the Supreme Court in the case of T.N. Godavarman Thirumulkpad v. Union of India , as against the unlicensed saw mill and plywood industries started functioning subsequent to the date of said order of the Supreme Court, action was directed to be taken as directed in the said order itself. Taking the said order of the Supreme Court as a handle, the sixth respondent, without any rhyme or reason and without issuing any prior notice, passed the impugned order to close down the petitioner's saw mill with immediate effect as if the petitioner's saw mill has come within the purview of the said decision of the Supreme Court on the ground that the empowered committee has not issued any permission for running the saw mill. That order is put in issue before this Court.