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Madras High CourtWP/2973/2023dismissed

G.Elumalai v. The Ministry Of Environment And Forest

2023-02-03Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR G.Elumalai ... Petitioner

Versus

1. The Ministry of Environment and Forest, Rep. by its Secretary, 129, Cathedral Garden Rd., Teynampet, Gangai Karai Puram, T.Nagar, Chennai, Tamil Nadu 600 006.

2. The Principal Chief Conservator of Forest, No.1, Jennis Road, Panagal Building, 9th Floor, Saidapet, Chennai 15.

3. The District collector Chengalpet District, Chengalpet.

4. The Divisional Forest officer, Chengalpet Forest, Chengalpet, Chengalpet District.

5. The Forest Range officer, Chengalpattu Forest, Chengalpet, Chengalpet District.

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6. The Bank Manager, Indian Bank, Koovathur Branch, Kanchipuram District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 4th respondent to recognize the Vadapattinam Village Forest council and permit the petitioner to reopen the bank account in the name of 2009 Vadapattinam village Forest Council by disposing the representation dated 10.01.2023 and grant such other relief may deem fit and proper under the circumstances of this Case. For Petitioner : Mr.K.Prabhakaran For Respondents : Mr.R.Subramanian, AGSC for R1 Mr.K.M.D.Muhilan, AGP for RR2 to 5

ORDER

The writ petition has been filed seeking a direction to the 4th respondent to recognize the Vadapattinam Village Forest Council and permit the petitioner to reopen the bank account in the name of 2009 Vadapattinam village Forest Council, by disposing of the representation dated 10.01.2023.

2. It is the case of the petitioner that he was elected as of the Village Forest Council and gave a representation to the 5th respondent to recognize him 2/4

as a Village Forest Council and permit the council to repen the bank account in the name of 2009 Vadapattinam Village Forest Council. As the same is not disposed of, the present writ petition has been filed.

3. The learned Additional Government Pleader submitted that the election for Village Forest Council has been conducted on 21.12.2022 and President has also been selected, whereas the petitioner has unanimously claimed himself as Village Forest Council. Hence, he opposed the writ petition.

4. As the election has been conducted and the President has also been selected, the writ petitioner as a matter of right, cannot seek to recognize him as Village Forest Council.

5. In the result, the writ petition is dismissed. No costs. 03.02.2023 rli Index : Yes/No N. SATHISH KUMAR, J.

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rli To

1. The Ministry of Environment and Forest, Rep. by its Secretary, 129, Cathedral Garden Rd., Teynampet, Gangai Karai Puram, T.Nagar, Chennai, Tamil Nadu 600 006.

2. The Principal Chief Conservator of Forest, No.1, Jennis Road, Panagal Building, 9th Floor, Saidapet, Chennai 15.

3. The District Collector Chengalpet District, Chengalpet.

4. The Divisional Forest officer, Chengalpet Forest, Chengalpet, Chengalpet District.

5. The Forest Range officer, Chengalpattu Forest, Chengalpet, Chengalpet District.

6. The Bank Manager, Indian Bank, Koovathur Branch, Kanchipuram District.

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