Loganathan v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.11.2022
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU V.Loganathan ... Petitioner -vs1. The State of Tamil Nadu Rep. by its Secretary to Government Environment and Forest Department Fort St. George Chennai - 600 009.
2. The District Collector and Chairman District Forest Committee Coimbatore District Coimbatore - 18.
3. The Secretary cum Personal Assistant (General) to the District Collector District Forest Committee Coimbatore District Coimbatore - 18.
4. The District Forest Officer cum Deputy Director Anaimalai Tiger Reserve 365/1, Meen Karai Salai Pollachi, Coimbatore District.
5. The Executive Engineer (AE) Agricultural Engineering Department Thadagam Road, GCT Post Coimbatore - 641 013.
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6. The Tahsildar Valaparai Taluk Coimbatore District.
... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Fourth to Sixth Respondents to send forthwith their opinion pertaining to the Second Respondent's communication vide Na.Ka.16271/2018/EE1 dated 04.09.2018 to the Second Respondent office and subsequently direct the Second Respondent to consider the Petitioner's application dated 23.08.2018 seeking the sanction for the purchase of a portion of Private Forest land without the prior permission of the District Forest Committee situated at S.F. No. 1/3A to an extent of 47.50 acres, Anaimalai Hills, Valparai Taluk, Coimbatore District within a stipulated time period as fixed by the Court.
For Petitioner : Mr. A.Suresh Sakthi Murugan For Respondents : Mr. T.Arunkumar Additional Government Pleader
O R D E R
Heard Mr. A.Suresh Sakthi Murugan, Learned Counsel for the Petitioner and Mr. T.Arunkumar, Learned Additional Government Pleader appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.
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2.
This Writ Petition had been filed for directing the Fourth to Sixth Respondents to forthwith send their opinion pertaining to the Letter No. Na.Ka.16271/2018/EE1 dated 04.09.2018 of the Second Respondent and to consequently direct the Second Respondent to consider the application dated 23.08.2018 made by the Petitioner seeking the sanction for the purchase of a portion of private forest land without the prior permission of the District Forest Committee situated in S.F. No. 1/3A to an extent of 47.50 acres, Anaimalai Hills, Valparai Taluk, Coimbatore District within the stipulated time period that may be fixed by the Court.
3.
Learned Additional Government Pleader appearing for the Respondents, on instructions from the Fourth Respondent, states that the said application made the Petitioner would be placed for consideration in the meeting of the District Forest Committee, which has been tentatively scheduled to be held in January, 2023 and its outcome may be awaited. He has also filed a memo dated 10.11.2022 to that effect, which is placed on record. In such circumstances, nothing remains for further consideration in the Writ Petition, but if the Petitioner has any further grievance, he is not precluded from working out his rights before the proper forum in the manner recognized by law. 3/5
4.
In fine, the Writ Petition is disposed with the aforesaid observations. No costs.
10.11.2022 Maya Index: Yes/No Note: Issue order copy by 10.01.2023.
To
1. The State of Tamil Nadu Rep. by its Secretary to Government Environment and Forest Department Fort St. George Chennai - 600 009.
2. The District Collector and Chairman District Forest Committee Coimbatore District Coimbatore - 18.
3. The Secretary cum Personal Assistant (General) to the District Collector District Forest Committee Coimbatore District Coimbatore - 18.
4. The District Forest Officer cum Deputy Director Anaimalai Tiger Reserve 365/1, Meen Karai Salai Pollachi, Coimbatore District.
5. The Executive Engineer (AE) Agricultural Engineering Department Thadagam Road, GCT Post Coimbatore - 641 013.
6. The Tahsildar Valaparai Taluk Coimbatore District.
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P.D. AUDIKESAVALU, J.
Maya 10.11.2022 5/5