Madras High CourtWMP(MD)/5373/2022withdrawn dismissed

S.Manoj Immanuel v. Union Of India,

2022-04-21Honourable Mr Justice V. Bharathidasan,Honourable Mr Justice N. Sathish Kumar8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Thursday, the Twenty First day of April Two Thousand Twenty Two PRESENT THE HON`BLE MR.JUSTICE V.BHARATHIDASAN AND THE HON`BLE MR.JUSTICE N.SATHISH KUMAR WMP(MD)NO.5373 OF 2022 IN WP(MD)NO.19771 OF 2018 S.MANOJ IMMANUEL [ PETIITONER ] Vs 1 UNION OF INDIA, [ RESPONDENTS ] REP.BY THE PRINCIPAL SECRETARY, MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, INDIRA PARYAVARAN BHAVAN, ALI GANJ, JORBAGH ROAD, NEW DELHI-110 003 2 UNION OF INDIA, REP.

BY THE PRINCIPAL SECRETARY, MINISTRY OF ENVIRONMENT, FOREST, GOVERNMENT OF INDIA, 501, 'C' WING, SHASTRI BHAWAN, NEW DELHI 110 015 3 THE DIRECTOR OF PROJECT ELEPHANT, THE GOVERNMENT OF INDIA, MINISTRY OF ENVIRONMENT AND FOREST DEPARTMENT, PARYAWARAN BHAWAN, CGO COMPLEX, LODI ROAD, NEW DELHI - 110 003 4 THE PRINCIPAL SECRETARY TO GOVERNMENT, THE STATE OF TAMIL NADU, ENVIRONMENT AND FOREST DEPARTMENT, CHENNAI 600 009 5 THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, THE STATE OF TAMIL NADU, NO.

7 THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR, THENI DISTRICT.

8 THE CHAIRMAN TANGEDCO MOUNT ROAD, CHENNAI 9 SUPERINTENDING ENGINEER THENI ELECTRICITY DISTRIBUTION CIRCLE, THENI DISTRICT.

10 THE DIRECTOR WILDLIFE CRIME CONTROL BUREAU, 2ND FLOOR, TRIKOOT-I, BHIKAJICAMA PLACE, NEW DELHI 600 015 11 THE REGIONAL DIRECTOR (SR) WILDLIFE CRIME CONTROL BUREAU, C2A, RAJAJI BHAWAN, BESANT NAGAR, CHENNAI 600 090 12 THE JOINT DIRECTOR CENTRAL BUREAU OF INVESTIGATION (CBI), III FLOOR, SHASTRI BHAVAN NO.26, HADDOWS ROAD, NUNGAMBAKKAM, CHENNAI 600 006 13 UNION OF INDIA, REP.BY THE PRINCIPAL SECRETARY, MINSITRY OF RAILWAYS, GOVERNMENT OF INDIA, RAIL BHAWAN,RAISINA ROAD, NEW DELHI 110 001.

14 SOUTHERN RAILWAY, REP.BY THE GENERAL MANAGER, HEADQUARTERS OFFICE, SOUTHERN RAILWAY, CHENNAI 600 003.

15 THE PRINCIPAL SECRETARY, FOREST AND WILDLIFE DEPARTMENT, 1ST FLOOR, MAIN BLOCK, SECRETARIAT, THIRUVANANTHAPURAM 695 001 16 THE PRINIPAL CHIEF CONSERVATOR OF FORESTS AND CHIEF WILDLIFE WARDEN FOREST HEADQUARTERS, VAZHUTHACUAD, THIRUVANANTHAPURAM.

17 THE CHAIRMAN, NATIONAL HIGHWAYS AUTHORITY OF INDIA, G5 AND 6, SECTOR 10, DWARKA, NEW DELHI 110075. 18 THE REGIONAL OFFICER, NATIONAL HIGHWAYS AUTHORITY OF INDIA, SRI TOWER, 3RD FLOOR, INDUSTRIAL ESTATE, GUINDY, CHENNAI

19 THE DISTRICT COLLECTOR, DISTRICT COLLECTORATE, NILGRIS DISTRICT.

20 THE DISTRICT COLLECTOR, DISTRICT COLLECTORATE, ERODE DISTRICT.

21 THE DISTRICT COLLECTOR, DISTRICT COLLECTORATE, SALEM DISTRICT.

22 THE DISTRICT COLLECTOR, DISTRICT COLLECTORATE, COIMBATORE DISTRICT.

23 THE DISTRICT COLLECTOR, DISTRICT COLLECTORATE, DINDIGUL DISTRICT.

24 THENGUMARAHADA CO-OPERATIVE FARMING SOCIETY, REPRESENTED BY THE CHAIRMAN, KOTAGIRI TALUK, NILGRIS DISTRICT.

25 THE PRESIDENT, THENGUMARAHADA PANCHAYATH, KOTAGIRI TALUK, NILGRIS DISTRICT.

26 M.SHANMUGAM 27 M.BHOJARAJAN 28 N.GANESHAN 29 J.KETHAN 30 N.LAKSHMIKANTHAN, 31 N.R.LINGIAMMAL, 32 M.SIVARAMAN, 33 V.RANGARAJ, 34 R.JANARTHANAM, 35 S.PARWATHI, 36 S.KAMIAMMAL, 37 R.SANTHI, 38 L.SANTHI, 39 M.KASI, 40 M.RAMACHANDARAN,

41 MATHIAMMAL, 42 M.BASUVAIYYAM, 43 A.LINGARAJ, 44 N.BASUVARAJ, 45 B.LAKSHMANAM, 46 NEELAMMAL , 47 J.B.SUBRAMANI, 48 N.B.SHANMUGAM, 49 K.N.RANGASAMY, 50 M.KETHAN, 51 B.RAMASAMY, 52 T.SIVAIAN 53 K.S.MAHADEVAN, 54 E.BASAVARAJ, 55 B.DHARMALINGAM, 56 R.SIVAGAMI, 57 RADHAMANI, 58 R.K.BELLAIAMMAL, 59 D.BADMA, 60 R.JAYARAJ, 61 DEVI, 62 R.PONNI, 63 H.R.LAKSHMANAN, 64 S.GEETHA, 65 B.DEVARAJ, 66 M.RAJAPAL, 67 N.KANNAN,

68 DEVIAMMAL, 69 K.DEVAPPAN, 70 P.RAJAN, 71 J.B.KULLAN, 72 K.B.KULLAN, 73 N.NANJAN, 74 R.CHANDRA SEKARAN, 75 R.BABY, 76 K.RAMESH, 77 PARIMALA SUGANTI, 78 DEVI, 79 E.NAGARAJ, 80 MITCHIAMMAL, 81 RATHINA DEVI, 82 K.SURESH, 83 M.SAGADEVAN, 84 H.K.B.NEELAIAMMAL, 85 D.K.LINGAIYA, 86 CHIKKAN, 87 M.RAMAKRISHNAN, 88 NEELAGANDAN, 89 M.BABU, 90 SATHASIVAM, 91 SUGANTHI, 92 K.NATARAJAN, 93 B.ANANDHAKUMAR, [RESPONDENTS NO.26 TO 93 ARE RESIDING IN THENGUMARHADA PANCHAYATH, KOTAGIRI TALUK, NILGIRIS DISTRICT]

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to direct the Respondent No.4 department officials to constitute a team including the Respondent No.5, Respondent No.19 and other officials for assessing the damage caused by the Respondent No.17 (National Highway Authority of India) during the extension of the National Highway and construction of the Revetment walls between Mettupalayam-ooty and to direct the Respondent No.17 to pay compensation to the state Forest Department, Tamil Nadu for the irreparable ecological loss done by the Respondent No.

17 (National Highway Authority of India) and to retrieve the traditional pathway of the Wild Animals in Nilgiris District in accordance with law within the time stipulated by this Hon'ble Court and pass such further or other order as this Hon'ble Court may deem fit and proper in the circumstances (WMP(MD)NO.5373/2022) Order : This Miscellaneous petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.ALAGUMANI,R, Advocate for the petitioner, the court made the following order:- [Order of the court was passed by JUSTICE V.BHARATHIDASAN] When this miscellaneous petition was taken up for hearing, the learned counsel appearing for the petitioner sought permission of this court to withdraw the same.

2. In view of the above, this miscellaneous petition is dismissed as withdrawn.

-sd/- 21/04/2022 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE PRINCIPAL SECRETARY, UNION OF INDIA, MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, INDIRA PARYAVARAN BHAVAN, ALI GANJ, JORBAGH ROAD, NEW DELHI-110 003 2 THE PRINCIPAL SECRETARY, UNION OF INDIA, MINISTRY OF ENVIRONMENT, FOREST, GOVERNMENT OF INDIA, 501, 'C' WING, SHASTRI BHAWAN, NEW DELHI 110 015

3 THE DIRECTOR OF PROJECT ELEPHANT, THE GOVERNMENT OF INDIA, MINISTRY OF ENVIRONMENT AND FOREST DEPARTMENT, PARYAWARAN BHAWAN, CGO COMPLEX, LODI ROAD, NEW DELHI - 110 003 4 THE PRINCIPAL SECRETARY TO GOVERNMENT, THE STATE OF TAMIL NADU, ENVIRONMENT AND FOREST DEPARTMENT, CHENNAI 600 009 5 THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, THE STATE OF TAMIL NADU, NO.1, JEENIS ROAD, PANAGAL BUILDING, SAIDAPET, CHENNAI 600 015 6 THE WILDLIFE WARDEN, MEGAMALAI WILDLIFE DIVISION, KRR NAGAR, THENI DISTRICT 625 531 7 THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR, THENI DISTRICT.

8 THE CHAIRMAN TANGEDCO MOUNT ROAD, CHENNAI 9 THE SUPERINTENDING ENGINEER THENI ELECTRICITY DISTRIBUTION CIRCLE, THENI DISTRICT.

10 THE DIRECTOR WILDLIFE CRIME CONTROL BUREAU, 2ND FLOOR, TRIKOOT-I, BHIKAJICAMA PLACE, NEW DELHI 600 015 11 THE REGIONAL DIRECTOR (SR) WILDLIFE CRIME CONTROL BUREAU, C2A, RAJAJI BHAWAN, BESANT NAGAR, CHENNAI 600 090 12 THE JOINT DIRECTOR CENTRAL BUREAU OF INVESTIGATION (CBI), III FLOOR, SHASTRI BHAVAN NO.26, HADDOWS ROAD, NUNGAMBAKKAM, CHENNAI 600 006 13 THE PRINCIPAL SECRETARY, UNION OF INDIA, MINSITRY OF RAILWAYS, GOVERNMENT OF INDIA, RAIL BHAWAN,RAISINA ROAD, NEW DELHI 110 001.

14 THE GENERAL MANAGER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, SOUTHERN RAILWAY, CHENNAI 600 003.

20 THE DISTRICT COLLECTOR, DISTRICT COLLECTORATE, ERODE DISTRICT.

21 THE DISTRICT COLLECTOR, DISTRICT COLLECTORATE, SALEM DISTRICT.

22 THE DISTRICT COLLECTOR, DISTRICT COLLECTORATE, COIMBATORE DISTRICT.

23 THE DISTRICT COLLECTOR, DISTRICT COLLECTORATE, DINDIGUL DISTRICT.

24 THE CHAIRMAN, THENGUMARAHADA CO-OPERATIVE FARMING SOCIETY, KOTAGIRI TALUK, NILGRIS DISTRICT.

25 THE PRESIDENT, THENGUMARAHADA PANCHAYATH, KOTAGIRI TALUK, NILGRIS DISTRICT.

Order in WMP(MD)NO.5373 OF 2022 IN WP(MD)NO.19771 OF 2018 Date :21/04/2022 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format PM(26/04/2022)P