Judgment :- 1. Writ Petition No.12861, 13009 to 13013, 13015 to 13023, 13132 to 13142 of 2012 have been filed praying to issue a Writ of Certiorari, to call for the records of the fourth respondent, second respondent respectively, viz., Assistant Engineer, Electricity Board, dated 24.4.2012, 25.04.2012, 20.4.2012, 25.4.2012, 19.4.2012, 25.4.2012, 25.4.2012, 19.4.2012, 25.4.2012, 25.4.2012, 19.4.2012 27.4.2012, 25.4.2012, 25.4.2012, 19.4.2012, 25.4.2012, 25.4.2012, 25.4.2012, 25.4.2012, 25.4.2012, 25.4.2012, 25.4.2012, 25.4.2012, 25.4.2012, 25.4.2012 and 25.4.2012 respectively and quash the same. 2. Writ Petition Nos.12980 to 12983, 13075 to 13081, 13359, 13400, 13546, 13547, 13593, 13675, 13676 and 14018 of 2012 have been filed praying to issue a Writ of Certiorarified Mandamus, to call for the records of the second respondent and quash the same as illegal and consequently forbear the respondents in any way insisting for licence for running the petitioners' sawmill and for providing electricity in service connection and other amenities for running the petitioners' saw mills until the disposal of the petitioners' applications for grant of licence is made under the provisions of Tamil Nadu Regulation of Wood Based Industries Rules, 2010. 3. Writ Petition Nos.12944 and 13072 of 2012 have been filed praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned letter dated 3.2.2012 and 8.3.2012, issued by the third respondent, quash the same and direct the second respondent to consider the petitioners' application under Tamil Nadu Regulation of Wood Based Industries Rules, 2010 and issue licence to petitioners' Sawmills. 4. Writ Petition No.13064 of 2012 has been filed praying to issue a Writ of Certiorarified Mandamus, directing the respondents to call for the records relating to the letter dated 21.4.2012 issued by the third respondent and to quash the same consequently directed the respondents to grant two months time to comply with the impugned order. 5. Writ Petition Nos.12905 and 13110 of 2012 have been filed praying to issue a Writ of Certifiorarified Mandamus, calling for the records relating to the fifth respondent and second respondent respectively, namely, the Assistant Engineer, Electricity Board, dated 18.4.2012 and 25.4.2012 respectively and to quash the same and to further direct the respondents not to interfere with the business activities of the petitioners Saw Mills, pending disposal of passing orders by the respondents 1 to 3 upon the application made by the petitioners for permission and licence to the petitioners Sawmills. 6. 6. Writ Petition Nos.12900 to 12904 of 2012 have been filed praying to issue a Writ of Mandamus, forbearing the respondents from interfering with the petitioner Saw Mill trading activities and to direct the respondents 1 to 3 to pass appropriate orders on his application dated 12.03.2011 within reasonable time and further direct the respondents 4 and 5 not to disconnect the E.B. Connection till the disposal of the application dated 12.03.2011. 7. Writ Petition Nos.13190 to 13197 and 13291 of 2012 have been filed praying to issue a Writ of Mandamus, directing the first respondent to restore the electricity supply given to the petitioners' sawmill, which was disconnected. 8. Writ Petition No.13198 and 13264 of 2012 have been filed praying to issue a Writ of Certiorarified Mandamus, calling for the records from the first respondent relating to his proceedings dated 25.04.2012 and 18.4.2012 respectively, quash the same and consequently direct the second respondent to process the petitioners' applications for renewal of licence submitted by him in August 2011 and December 2009 respectively by granting renewal of licence. 9. Writ Petition Nos.13259 and 13260 of 2012 have been filed praying to issue a Writ of Certiorarified Mandamus, quash the order of the second respondent dated 18.4.2012 in and by which petitioners' service connection bearing Nos.454005718 454005838 respectively were discontinued by the second respondent Board as illegal, arbitrary and in violation of principles of natural justice and for a consequential direction, directing the second respondent to restore the service connections as above. 10. Writ Petition Nos.13275, 14004, 14009, 14136 and 14138 of 2012 have been filed praying to issue a Writ of Certiorarified Mandamus, calling for the records of the fifth respondent dated 03.05.2012, 21.04.2012, 23.04.2012, 26.04.2012 and 21.05.2012 respectively, and quash the same and consequently direct the fourth respondent to grant licence to the petitioners' sawmill as per the recommendations made by the fourth respondent in the proceedings dated 03.05.2012 made in e/f/vz;/3356/2012/vy;. 11. Writ Petition Nos.14005, 14007, 14008 and 14001 of 2012 have been filed praying to issue a Writ of Mandamus, directing the fourth respondent to issue the licence to the petitioners sawmills on the basis of the recommendations made by the fourth respondent in the proceedings dated 03.05.2012 made in Na.Ka.No.3356/2012/L. 12. 11. Writ Petition Nos.14005, 14007, 14008 and 14001 of 2012 have been filed praying to issue a Writ of Mandamus, directing the fourth respondent to issue the licence to the petitioners sawmills on the basis of the recommendations made by the fourth respondent in the proceedings dated 03.05.2012 made in Na.Ka.No.3356/2012/L. 12. Writ Petition Nos.14006, 14010, 14137, 14139, 14143 and 14144 of 2012 have been filed praying to issue a Writ of Certiorarified Mandamus, calling for the records of the fifth respondent dated 21.04.2012, 25.04,2012, 23.05.2012, 23.05.2012, 25.05.2012 and 19.05.2012 respectively, quash the same and consequently direct the fourth respondent to grant licence for carrying on the petitioners saw mills. 13. Writ Petition Nos.14103 to 14107 and 14158 to 14160 of 2012 have been filed praying to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the first respondent in proceedings dated 19.4.2012, 18.05.2012, 24.04.2012, 19.4.2012, 23.04.2012, 21.4.2012, 24.4.2012 and 19.4.2012 and quash the same as illegal, incompetent and without jurisdiction and further direct the first respondent not to interfere with the electricity connection to the petitioners' premises. 14. Writ Petition Nos.13599 of 2012 has been filed praying to issue a Writ of Mandamus, forbearing the respondents from disconnecting the electricity service connection bearing No.334-017-432 in respect of M/s.Parvathibai Saw Mill at New No.101, Kancheepuram Road, Uthiramerur, Kancheepuram District, till the orders or licence granted by the District Forest Officer, Chengelput Division in respect of application dated 08.05.2012. 15. Writ Petition Nos.14121 and 14240 of 2012 have been filed praying to issue a Writ of Mandamus, forbearing the respondent from disconnecting the petitioners saw mill electricity service connection Nos.513-002-559 and 251-002-957 respectively. 16. Writ Petition No.14053 of 2012 has been filed praying to issue a Writ of Mandamus, forbearing the fourth respondent from disconnecting the power supply service connection S.C.No.253-003-1292 and consequently directing the respondents 1 to 3 to issue the Certificate in favour of the petitioner to run the Saw Mill at Chamber Road, Poonjolai Nagar, Nandiyalam Village, Walajah Taluk, Vellore District. 17. 17. Heard M/s.K.Kannaiah Naidu, Paramasivadoss, A.Esakkiappan, G.Sankaran, C.Prabakaran, M.Velmurugan, P.Pazhamalai, S.Saravanakumar, Balan Haridas, G.Thilakavathi, C.Prakasam, K.Premkumar, V.Raghavachari, T.Murugamanikkam, A.Prabhakaran, S.N.Kirubanandam and J.Shanmugasundarababu, learned counsel appearing for the writ petitioners; Mr.A.Navaneethakrishnan, learned Advocate General assisted by M/s.G.Vasudevan, P.Gunaraj, S.K.Rameshwar and Varunkumar, learned counsel appearing for the respondent Electricity Board and Mr.M.K.Subramanian, learned Special Government Pleader (Forest) appearing for the Forest Department in all the cases. 18. These batch of writ petitions have been filed by the Saw Mills, which are wood based industries. Some of them claimed to be running the saw mills for more than a decade and some saw mills have been recently started. Most of the petitioners' sawmills have been issued 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 will be disconnected. In some cases, writ petitions have been filed to provide electricity service connection to the sawmills without insisting a licence. In some cases request is made to consider the petitioners' applications for grant of licence under the provisions of Tamil Nadu Regulation of Wood Based Industries Rules, 2010. Some petitioners have asked for time to get the licence and till such time electricity connection should not be disconnected. In some cases, pending applications for grant of licence, petitioners wanted order of restraint against the Electricity Board from disconnecting the power supply. In some cases where electricity supply has been disconnected, writ petitions have been filed seeking restoration of power supply. Some of the writ petitioners have filed the writ petitions challenging the order of closure or notice of disconnection stating that their applications for renewal of licence are pending. Therefore, the power supply should not be disconnected. Some writ petitions have been filed for grant of licence. By and large, the issue revolves around running of sawmills pending applications for grant of licence and to restore electricity supply. The relief sought for in all the writ petitions are either against the Electricity Board or the Forest Department. Hence, by consent, all the writ petitions are taken up together and disposed of by this common order. 19. In W.P.No.13018 of 2012 the first respondent District Forest Officer, Thiruvarur Division, Thiruvarur has filed a detailed counter-affidavit. The relief sought for in all the writ petitions are either against the Electricity Board or the Forest Department. Hence, by consent, all the writ petitions are taken up together and disposed of by this common order. 19. In W.P.No.13018 of 2012 the first respondent District Forest Officer, Thiruvarur Division, Thiruvarur has filed a detailed counter-affidavit. The relevant paragraphs 8, 13, 15, 18, 19 and 25 of the counter-affidavit are extracted hereunder for the disposal of the case:- "8. It is respectfully submitted that the sawmills, which are opened prior to 30.10.2002 shall have a licence for such opening of sawmills. Such sawmills should also obtain permission from the licensing officer as prescribed in Tamil Nadu Regulation of Wood Based Industries Rules, 2010 according to the orders of the Hon'ble Supreme Court of India in W.P.(C)No.202/1995 dated 30.10.2002. The concurrence of the Central Empowered Committee shall be obtained for grant of licence for opening of any sawmills after 30.10.2002. Thus, the District Forest Officer shall obtain permission of the Central Empowered Committee for issuing licence under Tamil Nadu Regulation of Wood Based Industries Rules, 2010 for the sawmill applications after 30.10.2002. The other grounds stated by the petitioners do not have the legal basis and liable to be dismissed." "13. It is respectfully submitted that as per the orders of the Hon'ble Supreme Court of India in W.P.(C)No.202/95 dated 30.12.2002, all Sawmills, Plywood and Veneer Industries shall operate only with license. As decided by the Central Empowered Committee constituted by the Hon'ble Supreme Court of India, in the meeting held at New Delhi on 10.12.2008, as a preliminary action for licensing the Sawmills, Veneer, Plywood Industries and Wood Based Industries established prior to 30.10.2002 under the rules to be framed under the Tamil Nadu Forest Act, 1882, a provisional list of division-wise, circle-wise 3113 sawmills legally established/operating prior to 30.10.2002 was prepared and uploaded in the departmental website and wide publicity was given through the newspapers. 3007 cases were recommended and 105 cases were not recommended in the said provisional list by the concerned District Forest Officers/Conservators of Forests/Chief Conservators of Forests. Objections were invited from the aggrieved 105 applicants, which were not recommended mills and personal hearing was given by the State Level Committee on 11.01.2011. 3007 cases were recommended and 105 cases were not recommended in the said provisional list by the concerned District Forest Officers/Conservators of Forests/Chief Conservators of Forests. Objections were invited from the aggrieved 105 applicants, which were not recommended mills and personal hearing was given by the State Level Committee on 11.01.2011. The 3007 sawmill applications established/ operating prior to 30.10.2002 was recommended by the District Forest Officers for grant of license under the new Tamil Nadu Regulation of Wood Based Industries Rules, 2010. The list of 3007 sawmills was placed before the State Level Committee meeting held on 11.01.2011 and 24.05.2011 for considering their recommendations to the CEC to grant license. The Central Empowered Committee among other things has given its concurrence for permitting the grant of license to those 3007 units, vide letter no:2-31/CEC/SC/2010-Pt.II Dt:13.05.2011. In pursuance to the said decision of the Central Empowered Committee the State Level Committee during its meeting on 24.05.2011 resolved to inform the District Forest Officers to pursue necessary action to issue license to these 3007 sawmills established/started prior to 30.10.2002 as per Tamil Nadu Regulation of Wood Based Industries Rules, 2010 duly collecting the due fees prescribed in G.O.Ms.No.213, Environment and Forests Department dated 10.12.2010 vide this office ref.no:WR1/50156/2010 dated 24.06.2011." "15. It is respectfully submitted that there is no necessity to prepare a list of sawmills functioning in the State of Tamil Nadu started after 30.10.2002. The opening of a sawmill without prior permission of the Central Empowered Committee, as per the orders of the Hon'ble Supreme Court of India is contempt of the orders of the Hon'ble Supreme Court of India. Thus, the petitioners are violators of the orders of the Hon'ble Supreme Court of India." "18. It is respectfully submitted that the Central Empowered Committee, New Delhi in its minutes of the meeting held on 12.05.2011 has ordered that the cases of post 30th October 2002 wood based industries will be considered by the Central Empowered Committee only after assessment of timber availabilities from all sources in the State of Tamil Nadu qua timber requirement of existing units is completed. Pending the above, the Central Empowered Committee will not consider grant of permission for establishment of any post 30th October 2002 wood-based industries in the State of Tamil Nadu. Pending the above, the Central Empowered Committee will not consider grant of permission for establishment of any post 30th October 2002 wood-based industries in the State of Tamil Nadu. The Tamil Nadu Forest Department has conducted the wood balance study by utilising the services of Madras School of Economics, Chennai and the same has been placed before the SLC meeting held on 11.01.2011. The study report has also been sent to Central Empowered Committee, New Delhi vide Principal Chief Conservator of Forests No.WR1/73638/2010 dated 17.05.2011. The State Level Committee in the seventh meeting conducted on 13.12.2011 was pleased to resolve to get orders from the Central Empowered Committee for considering the applications started after 30.10.2002. The Central Empowered Committee orders are awaited." "19. It is respectfully submitted that no applicant can open sawmill without prior permission of the Central Empowered Committee after 30.10.2002 as per the orders of Hon'ble Supreme Court of India. All other contentions of the petitioner are devoid of legal basis and liable to be dismissed." "25. It is respectfully submitted that the respondents received 395 applications relating to post 30.10.2002. The applications are under examination and will be placed before the State Level Committee for recommendations to the Central Empowered Committee. This matter will be taken up on priority basis. The applicants, who made applications for opening of sawmill or any applications for post 30.10.2002 cases cannot run the sawmill. If the post 30.10.2002 sawmills are allowed to run, which 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. One Thiru R.Rajasekaran has filed C.P.No.160/2012 for not complying the orders of the Hon'ble Supreme Court of India and the Contempt Petition may be taken up for hearing at any point of time. Thus, the respondents are duty bound to close all the sawmills, which are running in violation of the orders of the Hon'ble Supreme Court of India." 20. The Hon'ble Apex Court in T.N.Godawarman Thirumulpad - Vs. - Union of India (IA Nos. 276 with I.A. Nos. 413, 437, 453 and 454 in WP(C) No.202 of 1995 in its order dated 29.10.2002 while dealing with the case of controlling large scale de-forestation, appointed a Central Empowered Committee to implement certain directions given by the Supreme Court. The Hon'ble Apex Court in T.N.Godawarman Thirumulpad - Vs. - Union of India (IA Nos. 276 with I.A. Nos. 413, 437, 453 and 454 in WP(C) No.202 of 1995 in its order dated 29.10.2002 while dealing with the case of controlling large scale de-forestation, appointed a Central Empowered Committee to implement certain directions given by the Supreme Court. While passing such order, the Hon'ble Supreme Court found that in many States and Union Territory, large number of unlicensed Saw Mills, Veneer, Plywood industries are being operated. To curb the menace, a specific order was passed in the following manner :- "We accordingly, directs as follows:- (i) The ban imposed with regard to the opening of the new sawmills and other wood-based industries by this Court's order dated 15th January, 1998 in the State of Nagaland is extended by a further period of five years. (ii) The High Powered Committee is allowed to dispose of the assets on such defaulting units, including plants, machinery, land shed, timber and timber products who have not paid the penalty imposed by the High Powered Committee of the wood-based units of North-Eastern States. This will be subject to such orders which may be passed by the Central Empowered Committee. (iii) No state or Union Territory shall permit any unlicensed saw mills; veneer, plywood industry to operate and they are directed to close all such unlicensed unit forthwith. No State Government or Union Territory will permit the opening of any sawmills, veneer or plywood industry 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 licence 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 licences." 21. At the time when the order was passed on 29.10.2002, there was no Rules. The Hon'ble Apex Court specifically directed the State Governments to frame Rules. Ultimately, in the year 2010, the Tamil Nadu Regulation of Wood Based Industries Rule 2010 was brought into effect from 21.10.2010. Under the said Rules, the District Forest Officer is the authorised officer to grant the licence and before granting such licence, certain procedures have to be complied with. Ultimately, in the year 2010, the Tamil Nadu Regulation of Wood Based Industries Rule 2010 was brought into effect from 21.10.2010. Under the said Rules, the District Forest Officer is the authorised officer to grant the licence and before granting such licence, certain procedures have to be complied with. One of the conditions for grant of licence is that the concurrence of the Central Empowered Committee has to be obtained and that is the mandate as per the order of the Supreme Court. 22. In view of the directions of the Hon'ble Apex Court order dated 29.10.2002, it is clear that the Saw Mills, Veneer, Plywood Industries cannot operate without the licence issued by the competent authority and therefore, the petitioners cannot make a plea for issuing an order to restrain the electricity board from disconnecting the power supply or for a direction to continue the industries without a licence issued by the competent authority. 23. In such view of the matter, unless and until the licence is issued after complying with the formalities as required under the rules and the direction of the Supreme Court, no right will accrue to the petitioners to run the industries, which admittedly, are unauthorised. Many of the industries have expressed their grievance before this Court that they have made applications to the competent authority for grant of licence and in many cases their applications have been considered, processed and forwarded to the State Level Committee for scrutiny and for further consideration by the Central Empowered Committee for its approval, but no orders are passed. The inordinate delay is causing prejudice. It is further contended that since the recommendations of the District Forest Officer/competent authority has already been given, they should be allowed to run the industries. This relief apparently cannot be given in view of the specific direction issued by the Hon'ble Apex Court that no State or Union Territory shall permit any unlicensed saw-mills, veneer, plywood industry to operate without proper licence and also in view of the direction to close the unlicensed units forthwith. 24. This relief apparently cannot be given in view of the specific direction issued by the Hon'ble Apex Court that no State or Union Territory shall permit any unlicensed saw-mills, veneer, plywood industry to operate without proper licence and also in view of the direction to close the unlicensed units forthwith. 24. On the contrary, in view of the Tamil Nadu Regularisation of Wood based Industries Rules 2010, if the individual industries viz., Saw-mills have made an application and if such application is in proper order, the competent authority is bound to forward the same to the State Level Committee and the State Level Committee shall after scrutiny, shall place the same before the Central Empowered Committee for concurrence. It is only thereafter that the licence can be issued by the competent authority. The respondents have in their counter stated that a large number of licences have been issued after concurrence of the Central Empowered Committee. They also state the reason for the time taken to process the application. Considering the provisions of the Tamil Nadu Regularisation of Wood based Industries Rules 2010 and the order of the Apex Court not to permit unlicence wood based industries, the petitioners cannot insist for electricity or an order of court to run the industry pending consideration of their claim. This will be contrary to the order passed by the Apex Court. The learned counsel for the petitioners pleaded that the application may be directed to be considered at an early date pleading that their lively hood is very much affected. In this regard some indulgence can be shown, however, within the four corners of law. 25. In view of the above, the District Forest Officers concerned are directed to verify the individual applications and if the applications are in order, the same shall be forwarded to the State Level Committee forthwith and the State Level Committee is directed to scrutinise and place the same before the Central Empowered Committee at the earliest for its consideration, (i.e.) without undue delay. This will ensure that the applications are considered as early as possible and assuage the grievance of the individuals that their right to livelihood is being affected for non consideration of the applications in time. This will ensure that the applications are considered as early as possible and assuage the grievance of the individuals that their right to livelihood is being affected for non consideration of the applications in time. It is, however, made clear that till such time the license is issued by the competent authority after following the procedure as applicable, the petitioners in each one of the case cannot claim as a matter of right to run the industry or for grant of electricity power supply. 26. In some cases, it is represented that the applications have been returned for certain defects. It is open to the individual saw mills, veneers, plywood industries to resubmit the applications in proper format with requisite fee to the appropriate authority, who shall thereafter scrutinise it and forward the same to the Empowered Committee for its approval in the manner stated above without undue delay. The Court requests the competent authority to consider the individual application on merits expeditiously to avoid the spate of writ petitions that are being filed. 27. These writ petitions are disposed of on the above terms. No costs. Consequently, connected Miscellaneous Petitions are closed.