Madras High CourtWP/31119/2023disposed of

Narasiman v. The District Collector

2023-10-26Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.10.2023

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No. 30746 of 2023 Narasiman ... Petitioner Vs

1. District Collector, O/o. The District Collector, Dharmapuri District, Dharmapuri

2. The Revenue Divisional Officer, O/o. The District Collector, Dharmapuri District, Dharmapuri 3.The Tahsildar Dharmapuri Taluk Office, Dharmapuri Taluk, Dharmapuri District.

4.The District Forest Officer, Dharmapuri District, Dharmapuri ... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, For Petitioner : Mr.M.Senthilkumar For R1 to R4 : Mr.Stalin Abimanu Additional Government Pleader

ORDER

This writ petition is filed for directing the 1st respondent to convert the above said property from forest to Tharisu and to issue patta in the name of the petitioner and also alternative land has to be given in respect of the village to the petitioner in respect of the property, which is situated at S.No. 458, Nagalamman Kombai, V.Muthampatti, Dharmapuri Taluk and District based on the representation of the petitioner dated 30.06.2023 till such time the 4th respondent not do further within stipulated time may be fixed by this Hon'ble Court.

2. The case of the petitioner is that he is in occupation of cultivation of the land in S.No. 458, Nagalamman Kombai, V.Muthampatti, Dharmapuri Taluk and Dharmapuri District for more than 50 years. While so, suddenly, without any proceedings whatsoever, the fourth respondent is now interfering and is preventing the petitioner from cultivating the land. 2/4

3. Mr.Stalin Abimanyu, the learned Additional Government Pleader taking notice for the respondents 1 to 4 submits that, if at all the land in question is a forest land the fourth respondent will take proceedings in accordance with law.

4. In view of the above, this writ petition is disposed of by recording the submission made by the learned Additional Government Pleader that except by taking action in accordance with provisions of the Tamilnadu Forest Act or by following due process of law the fourth respondent will not interfere otherwise.

5. Accordingly, this Writ petition is disposed of and consequently connected miscellaneous petition is closed. No cost. 26.10.2023 Internet : Yes Index : Yes Speaking order kmk/nsl 3/4

D.BHARATHA CHAKRAVARTHY kmk/nsl To

1. District Collector, O/o. The District Collector, Dharmapuri District, Dharmapuri

2. The Revenue Divisional Officer, O/o. The District Collector, Dharmapuri District, Dharmapuri 3.The Tahsildar Dharmapuri Taluk Office, Dharmapuri Taluk, Dharmapuri District.

4.The District Forest Officer, Dharmapuri District, Dharmapuri.

and W.M.P.No. 30746 of 2023 26.10.2023 4/4