K.Madhavan v. The Principal Secretary Cum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28/7/2015 C O R A M THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.A. No.992 of 2015 and M.P. No.1 of 2015

1. K. Madhavan

2. Sariga

3. K.M.Hari

4. K. Mukundan

5. Narayanan

6. Vikraman ...

Appellants/Petitioner Vs

1. The Principal Secretary-cum- Commissioner of Land Administration Chepauk Chennai.

2. The District Collector Thiruvallur.

3. The Revenue Divisional Officer Ponneri.

4. C. Ravichandran ...

Respondents/Respondents Writ Appeal filed under Clause 15 of the Letters Patent against the order passed in M.P.No.2 of 2015 in W.P.No.17592 of 2015 dated 22/6/2015.

(i) Petition filed under Article 226 of the Constitution of India to grant an Order of injunction restraining the respondents, their men, agents from in any manner interferring with the petitioner peaceful possession and enjoyment including Horticultural operations in their lands in S.Nos1 to 13 and its Sub Division, 15, 17, 19 to 24, 30, 41,

472 and their Sub-divisions in Pondavakkam Village, Pallavada Post, Gummidipoondi Taluk, Thiruvallur District, Pending disposal of the above Writ Petition (in M.P.2/2015 in W.P.No.17592/2015) (ii)Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus Calling for the records relating to the impugned Notice of the 3rd respondent R.C.1555/2015/A.2 dated 29.5.2015 and quash the same and consequently direct the 1st respondent to take appropriate action against the respondents 2 to 4.

For appellants : Mr.D.Rajagopal For respondents : Mr.P.S.Sivashanmugasundaram Special Government Pleader for R.R.1 to 3.

J U D G M E N T

(Judgment of the Court was made by SATISH K. AGNIHOTRI,J.,) This instant intra Court appeal arises from the order dated 22nd June, 2015 passed in M.P.Nos.1 and 2 of 2015 in W.P.No.17592 of 2015, the learned Single Judge, recording the facts that the petitioner herein wanted to cut some mango and teak trees on the ground that the said trees are grown for horticulture purpose and as such he is entitled to cut the trees. While issuing notice of motion returnable in 5th August, 2015, in respect of the dispute, the learned Single Judge, directed to maintain status-quo by not permitting the cutting of the trees till the next date of hearing i.e., on 5th August, 2015.

2. We have heard the learned counsel for the appellants.

3. On a perusal of the materials available on record, we are of the considered view that the decision taken by the learned Single Judge, not to permit the cutting of trees, is just and proper, warranting no interference.

4. Accordingly, this writ appeal is dismissed. No costs. Connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar

mvs To

1. The Principal Secretary-cum- Commissioner of Land Administration Chepauk Chennai.

2. The District Collector Thiruvallur.

3. The Revenue Divisional Officer Ponneri.

1 cc to Mr.D.Rajagopal, Advocate Sr.No.38482 1 cc to Government Pleader.Sr.No.38618 W.A. No.992 of 2015 ug(co) pmk.11.8.2015