Madras High CourtWP/16973/2014disposed of

D.Parthiban v. The Forest Range Officer

2019-03-20Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2019

CORAM

THE HON'BLE MR. JUSTICE D. KRISHNAKUMAR W.P.No.16973 of 2014 D.Parthiban ... Petitioner Vs.

1. The Forest Range Officer, Thiruvennainallur Road, Ulundurpet, Villupuram District.

2. The District Forest Officer, Collectorate Campus, Villupuram District, Villupuram.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to return to the petitioner the tyre cart and two bullocks which were unlawfully and forcibly taken away by the first respondent and his men from the premises of the petitioner on the evening of 31.03.2014 and issue any further orders as deem fit in the circumstances of the case.

For Petitioner :

Mr.S.Arunachalam For R1 and R2 :

Mr.S.V.Vijay Prasanth Additional Government Pleader (F) * * * * *

O R D E R

The petitioner has filed the Writ Petition praying to issue a WRIT OF MANDAMUS, directing the respondents to return to the petitioner the tyre cart and two bullocks, which were unlawfully and forcibly taken away by the first respondent and his men from the premises of the petitioner on the evening of 31.03.2014 and issue any further orders as deem fit in the circumstances of the case.

2.According to the learned counsel for the petitioner, this writ petition is filed for the aforesaid prayer to return the tyre cart and two bullocks, which were forcibly taken away by https://hcservices.ecourts.gov.in/hcservices/

the first respondent on 31.03.2014. Hence, the present Writ Petition is filed by the petitioner seeking direction to return the same to the petitioner.

3.This matter came up before this Court on earlier occasion i.e. on 22.12.2014 and the first respondent appeared before this Court on the aforesaid date and reiterated the contentions raised in the counter affidavit that the bullocks and the tyre cart have been returned to the petitioner, thereafter, the matter has been posted to 21.01.2015, to enable the petitioner to take appropriate steps.

4.The learned counsel for the petitioner disputed the aforesaid statement of the first respondent.

5.Now, the matter was posted before this Court for final disposal, at this stage, this Court cannot go into the issue of the said bullocks and tyre carts returned to the petitioner and the said fact was also recorded by this Court on 22.12.2014. It is for the petitioner to work out his remedy before the appropriate forum.

6.Accordingly, this Writ Petition stands dismissed with the above liberty. However, there shall be no order as to costs. Sd/- Assistant Registrar (CS-VI) //True Copy// ah Sub Assistant Registrar To

1. The Forest Range Officer, Thiruvennainallur Road, Ulundurpet, Villupuram District.

2. The District Forest Officer, Collectorate Campus, Villupuram District, Villupuram.

+1 cc to M/s.S.Arunachalam, Advocate, S.R.No.26406 +1 cc to the Spl.Government Pleader(Forest), S.R.No.27112 W.P. No.16973 of 2014 VBA(CO) SSM(22/05/2019).

https://hcservices.ecourts.gov.in/hcservices/