N.Saminathan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12..08..2015

CORAM

THE HON'BLE Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE Mr.JUSTICE T.S.SIVAGNANAM W.P. No.24367 of 2015 N.Saminathan .. Petitioner

Versus

1.The Managing Director Tamil Nadu Forest Plantation Corporation Ltd., Karur Main Road, Mallachipuram, Kambarasampettai, Trichy 620 101.

2. The Divisional Manager, Tamil Nadu Forest Plantation Corporation Ltd., 450/1, Periyar Nagar South, Vridhachalam 606001.

3.The Forest Ranger, Jeyamkondam Forest Range, Jeyamkondam, Ariyalur District.

.. Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus, directing the first respondent to de-list the Keezharayapuram forest Cashew Unit 26A and 26B situate at Jeyamkondam Forest Range, Ariyalur District for a replantation of cashew and direct the 1st respondent to maintain the existing cashew forest with due care and caution based on petitioner's representation dated 22.07.2015 forthwith.

For Petitioner :: Mr.C.Prabakaran For Respondents :: Mr.M.K.Subramanian Special Government Pleader for R.1 to R.3 https://hcservices.ecourts.gov.in/hcservices/

O R D E R

(Judgment of Court was made by The Honourable The Chief Justice) A tender notice was issued on 25.05.2015 for removing parched trees, tinning of infected trees, closing the pits as also leveling of the lands in the forest area allotted for re-plantation of cashew for the year 2015-16 in the Virudhachalam Region. The tender notice clearly states that the same is for 'removing parched trees, removing of infected trees, closing the pits and leveling of the land of the Tamil Nadu Forest Plantation Corporation Limited''. 2.The tender process was completed inasmuch as the last date for the tender /auction was 24.06.2015. It is about a month later, the petitioner made a representation dated 22.07.2015 based on some apprehension that all cashew trees are being removed. No basis for such representation has been placed before us and we say so in the context of the tender notice itself.

3.We had to call the petitioner into court who stated that he has been carrying on agricultural operations for the last many years, though he is not one of the lessees for the area in question. 4.In view of the aforesaid position, we see no reason to entertain this Public Interest Litigation.

5. The writ petition accordingly stands dismissed. No costs. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar ksr To 1.The Managing Director, Tamil Nadu Forest Plantation Corporation Ltd., Karur Main Road, Mallachipuram, Kambarasampettai, Trichy 620 101.

2. The Divisional Manager, Tamil Nadu Forest Plantation Corporation Ltd., 450/1, Periyar Nagar South, Vridhachalam 606001, Cuddalore Dt. 3.The Forest Ranger, Jeyamkondam Forest Range, Jeyamkondam, Ariyalur District.

+1 cc to Mr.C.Prabakaran, Advocate, sr.42211 +1 cc to Special Government Pleader, sr.42130. W.P. Nos.24367 of 2015 kji(co), kra(21/08) https://hcservices.ecourts.gov.in/hcservices/