Madras High CourtWP/18679/2017disposed of

M/S.K.Natarajan, v. The Thasildar

2017-07-21Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.07.2017

CORAM

The Honourable MR. JUSTICE M.DURAISWAMY W.P.No.18679 of 2017 K.Natarajan [Petitioner ] Vs 1 The Thasildar Thiruvallur District 2 The District Collector 3 The District Forest Officer 4 The District Revenue Officer 5 The Sub Collector 6 The Village Administrative Officer Sholavaram Village Sholavaram Chennai-67 [ Respondents] Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the first Respondent to consider the representation dated 22.02.2017 to take steps to include the broken Chemmaram tree in the adangal thereby the petitioner can surrender the Chemmaram tree in the forest department For Petitioner : Ms.M.Malar For Respondents : Mr.S.V.Doraisolaimalai, AGP (R1,2,4 to 6) Mr.E.Manoharan, AGP (F) (R3)

ORDER

Mr.S.V.Doraisolaimalai, learned Additional Government Pleader takes notice for the respondents 1, 2, 4 to 6 and Mr.E.Manoharan, learned Additional Government Pleader (Forest) takes notice for the 3rd respondent. By consent, the main writ petition is taken up for disposal at the admission stage itself.

2. The petitioner has filed the above writ petition to issue a writ of mandamus directing the 1st respondent to consider the representation dated 22.02.2017 to take steps to include the Chemmaram tree, which had fallen during cyclone in the adangal, thereby enabling him to surrender the Chemmaram tree to the forest department.

3. The learned counsel appearing for the petitioner submitted that inspite of the petitioner's representation dated 22.02.2017, the 1st respondent has not passed any order so far.

4. Mr.S.V.Doraisolaimalai, learned Additional Government Pleader appearing for the respondents 1, 2, 4 to 6 submitted that the 1st respondent may be directed to consider and pass orders on the petitioner's representation in accordance with law. Mr.E.Manoharan, learned Additional Government Pleader (Forest) appearing for the 3rd respondent also submitted that the 1st respondent may be directed to consider and pass orders on the petitioner's representation in accordance with law.

5. Having regard to the submissions made by the learned counsel on either side, without expressing any opinion with regard to the merits of the case, I direct the 1st respondent to consider the petitioner's representation dated 22.02.2017 and pass orders in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after giving an opportunity of hearing to the petitioner. With this observation, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rg To 1 The Thasildar Thiruvallur District 2 The District Collector

3 The District Forest Officer 4 The District Revenue Officer 5 The Sub Collector 6 The Village Administrative Officer Sholavaram Village Sholavaram Chennai-67 + 1 cc to M/s. M. Malar, Advocate Sr.51587 + 1 cc to Government Pleader SR.51982 + 1 cc Additional Government Pleader Sr.51443 W.P.No.18679 of 2017 EU 26.7.17