Rajamani v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-07-2025

CORAM

THE HONOURABLE MRS JUSTICE N.MALA

1. RAJAMANI W/o.Venkatachalam, No.18/1f2, Vaazhavandhi, Yercaud Taluk, Salem District-636 601 Petitioner(s) Vs

1. The District Collector Office Of The District Collectorate, Salem District-1 2.The District Forest Officer Kumarasamypettai, Asthampatti, Salem District-7 3.The Revenue Divisional Officer O/o.The District Collectorate, Salem District-1 4.The Thasildhar Yercaud Taluk, Yercaud, Salem District

5.PALANIYAPPAN S/o.Goundan, No.5/1, Kottachedu, Maaramangalam Panchayat, Yercaud Taluk, Salem District-636 601 6.DHARMALINGAM S/o.Palaniyappan, No.5/13, Kottachedu, Maaramangalam Panchayat, Yercaud Taluk, Salem District-636 601 7.VELLAYI W/o.Palaniyappan, No.5/13, Kottachedu, Maaramangalam Panchayat, Yercaud Taluk, Salem District-636 601 Respondent(s) PRAYER This Writ Petition is filed under Article 226 of Constitution of India for Writ of Mandamus forbearing the respondents 1 to 4 not to provide any permission to the respondents 5,6 and 7 for felling of full-grown trees in the property comprised in Survey Nos.22/2 of Punjai Hectare 0.30.0, Survey No.22/3 of Punjai Hectare 0.69.0 Survey No.25/2 of Punjai Hectare 0.8.0 survey No.25/3 of Punjai Hectare 2.82.0, Survey No.25/4 of Punjai Hectare 0.65.0 Survey No.25/5 of Punjai Hectare 0.03.

50 survey No.28/2A of Punjai Hectare 0.14.0 Survey No.28/2B of Punjai Hectare 0.05.59, Survey No.23/1 of Punjai Hectare 0.34.5 Survey No.26/1 of Punjai Hectare 0.08.0, Survey No.22/1B of Punjai Hectare 3.24.5 Survey No.23/1 of Punjai Hectare 0.36.0 situated at Kottachedu village, No.59, Belakkadu Tharappu, Salem Taluk, within the Sub Registration District of yercaud and Registration District of Salem East based on the representation dated 14.3.2025 given by the petitioner to the respondents 1 to 4 herein.

For Petitioner(s):

Mr.C.D.Sugumar For Respondent(s):

Dr.T.Seenivasan SGP For R2 M/s.R.L.Karhtika G.A. For R1,3 And 4

ORDER

This Writ Petition is filed seeking Mandamus to direct the respondents to consider the representation of the petitioner dated 14.03.2025 and pass appropriate orders.

2. The brief facts of the case are that the petitioner owns ancestral properties in Salem District including agricultural lands with full grown trees. Her cousin brother, One Palaniyappan, and his son, Dharmalingam, allegedly cheated her into executing a power of attorney on 21 st March 2023. Using this Document, they executed sale deeds in favour of family members and began felling trees without her consent. Petitioner claims that she was unaware of the power of attorneys's contents and that the sale are fraudulent and a Civil Suit in POP NO.314 of 2023 is also pending seeking to declare the power of attorney and sale deeds as null and void. While things stood thus, despite petitioner's objection, Palaniyappan continues to seek permission for felling the trees.

Therefore, the petitioner made a representation to respondents 1 to 4 on 14.03.2025, requesting not to consider any of the application made by the Palaniyappan and the fifth respondent for felling of full-grown trees in the said property till the disposal of the Civil Suit but till date no action has been taken by the respondents. Hence the present Writ Petition.

3. Learned counsel for the petitioner submitted that it would suffice, if a direction is issued to respondent to consider the petitioner's representation dated 14.03.2025, within a time frame fixed by this Court.

4. Learned Special Government Pleader appearing for the second respondent would submit that the representation of the petitioner dated 14.03.2025 will be considered and will pass orders on merits and in accordance with law within a specific time period that may be stipulated by this Court.

5. Heard both sides and perused the records.

6. Considering the submissions made by the learned counsel appearing on either side, this Court directs the second respondent to consider the representation of the petitioner dated 14.03.2025 after issuing due notice to the petitioner and R5, R6 and R7, by providing opportunity of personal hearing and pass appropriate orders on merits and in accordance with law, preferably within a period of eight weeks from the date of receipt of copy of this order.

7. With the above directions, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 23-07-2025 Jai/tsh Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Collector Office Of The District Collectorate, Salem District-1 2.The District Forest Officer Kumarasamypettai, Asthampatti, Salem District-7 3.The Revenue Divisional Officer O/o.The District Collectorate, Salem District-1 4.The Thasildhar Yercaud Taluk, Yercaud, Salem District

N.MALA J.

jai/tsh 23-07-2025