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Madras High CourtWP/4743/2017dismissed

Mr.M.Dharuman, v. The District Collector Of

2017-04-06Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.04.2017

CORAM

THE HON'BLE MR. JUSTICE M.DURAISWAMY W.P.No.4743 of 2017 & W.M.P.No.4964 of 2017 M.Dharuman

...Petitioner

v.

1 The District Collector of The Nilgiris Collectorate Udhagamandalam 2 The District Forest Officer Udhagamandalam (North) Udhagamandalam The Nilgiris.

3 The Tahsildar Kotagiri 4 Gopal Srinivasan ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, forbearing the respondents 1 to 3 from granting tree cutting permission to the 4th respondent in respect of Acacia Trees standing in New R.S. No.737/2 and Old Survey No.426/2 to an extent of 01.50 acres in Jegathala Village -2, Kotagiri Taluk, For Petitioner : Mr.L. Mouli For Respondents : Mr.A.N.Thambidurai Spl. Govt. Pleader - for R1 & R3 Mr.Santhanaraman - for R2 Mr. Abdul Hameed - for R4

ORDER

The petitioner has filed the above writ petition to issue a Writ of Mandamus, forbearing the respondents 1 to 3 from granting tree cutting permission to the 4th respondent in respect of Acacia Trees standing in New R.S. No.737/2 and Old Survey No.426/2 to an extent of 01.50 acres in Jegathala Village -2, Kotagiri Taluk, The Nilgiris.

2. When the matter is taken up for hearing, Mr.Santhanaraman, learned counsel appearing for the second respondent submitted that the application submitted by the fourth respondent seeking permission to cut the trees standing in New R.S. No.737/2 and Old Survey No.426/2 was rejected on the ground that there is a civil dispute between the writ petitioner and the fourth respondent.

3. In view of the submission made by the learned counsel appearing for the second respondent, I do not find any reason to keep the writ petition pending. Accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Rj To 1 The District Collector of The Nilgiris Collectorate Udhagamandalam 2 The District Forest Officer Udhagamandalam (North) Udhagamandalam The Nilgiris.

3 The Tahsildar Kotagiri +1cc to Mr.AAV. Partners, Advocate, S.R.No.21145 +1cc to Mr.L. Mouli, Advocate, S.R.No.20950 +1cc to the Government Pleader, S.R.No.21040 SR(CO) md(17/04/2017) W.P.No.4743 of 2017 & W.M.P.No.4964 of 2017