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Madras High CourtWP/10324/2022dismissed

Sp.Chockalingam v. Principal Chief Conservatoor Of Forests And

2022-04-26Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.04.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.10324 of 2022 SP.Chockalingam

...Petitioner

Vs.

1. Principal Chief Conservator of Forests & Chief Wildlife Warden Department of Forests, Govt. of Tamil Nadu No.1 Jeenis Road, Panagal Buildings Saidapet, Chennai 600 015.

2. Chief Conservator of forests and Field Director Sathyamangalam Tiger Reserve Roja Nagar, Veerappanchathiram Post Erode - 638 011.

3. National Board of Wildlife Ministry of Environment, Forest and Climate Change Indira Paravaran Bhawan Jorbagh Road, New Delhi - 110 003.

4. National Tiger Conservation Authority B-1 Wing, 7th Floor, Pt. Deendayal Antyodaya Bhawan CGO Complex, New Delhi - 110 003.

5. The Chairman Tamil Nadu Hill Areas Conservation Authority (H.A.C.A) O/o The Housing and Urban Development Department Secretariat, St. George fort, Chennai - 600 009.

6. The District Collector Erode District First Floor, Collectorate Erode - 638 011.

...Respondents

Prayer:Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents 1 to 2 to remove all the illegal resorts in Sathyamangalam Tiger

Reserve.

For the Petitioner : Mr.SP.Chickalingam P-in-P For the Respondents : Mr.J.Ravindran Addl. Advocate General Assisted by Mr.A.Selvendran, Special Government Pleader for Respondents 1 and 2 Mr.M.Karthikeyan Senior Panel Counsel for Respondents 3 and 4 Mr.P.Muthukumar State Government Pleader for Respondent 6

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The public interest litigation has been filed making allegation of illegal construction of resorts in Sathyamangalam Tiger Reserve.

2.None of the resorts, which is alleged to have made illegal construction, has been made as a party respondent. Thus, if any order is passed pursuant to the prayer made by the petitioner, it would affect the resorts. Thus, the writ petition suffers from non-joinder of necessary parties.

3. In view of the above, this writ petition is dismissed. There will be no order as to costs. Consequently, WMP No.10040 of 2022 is also dismissed.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar kpl/drm

To:

1. Principal Chief Conservator of Forests & Chief Wildlife Warden Department of Forests, Govt. of Tamil Nadu No.1 Jeenis Road, Panagal Buildings Saidapet, Chennai 600 015.

2. Chief Conservator of forests and Field Director Sathyamangalam Tiger Reserve Roja Nagar, Veerappanchathiram Post Erode - 638 011.

3. National Board of Wildlife Ministry of Environment, Forest and Climate Change Indira Paravaran Bhawan Jorbagh Road, New Delhi - 110 003.

4. National Tiger Conservation Authority B-1 Wing, 7th Floor, Pt. Deendayal Antyodaya Bhawan CGO Complex, New Delhi - 110 003.

5. The Chairman Tamil Nadu Hill Areas Conservation Authority (H.A.C.A) O/o The Housing and Urban Development Department Secretariat, St. George fort, Chennai - 600 009.

6. The District Collector Erode District First Floor, Collectorate Erode - 638 011.

+1cc to Special Government Pleader,(Forest) S.R.No.29118 +1cc to the Special Government Pleader, S.R.No.29393 W.P.No.10324 of 2022 SPD(CO) RGA(02/05/2022)