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Madras High CourtWP/21544/2023withdrawn dismissed

P.Valarmathi v. The Director

2023-07-27Honourable Mr Justice S.M. Subramaniam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.07.2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.21544 of 2023 & W.M.P.No.20916 of 2023 P.Valarmathi ... Petitioner Vs.

1.The Director, Tribal Welfare Department, Government of Tamil nadu, Ezhilagam, Chepauk, Chennai - 600 005.

2.The District Collector, Dharmapuri District, Dharmapuri 3.The District Forest Officer, Dharmapuri District, Dharmapuri 4.The Project Officer, District Tribal Welfare, Dharmapuri District, Dharmapuri 5.The Special Tahsildar (SC/ST), Pappireddypatti Taluk, Dharmapuri District ... Respondents 1/5

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus, directing the respondents 1 to 5 not to interfere with the peaceful possession and enjoyment of the 2 Acres of Agricultural land in Thathukanalli Village, Pappireddypatti Taluk, Dharmapuri District of the petitioner and to issue patta for the remaining 0.40 Hec.Ar of land cultivated by the petitioner as per the Forest Right Act 2006 within a stipulated time on the basis of the representation of the petitioner dated 20.02.2023.

For Petitioner : Mr.R.Naresh Kumar for Mr.S.Lawrence Peter For Respondents : Mr.D.Ravichander Special Government Pleader

O R D E R

The petitioner seeks an order of injunction restraining the respondents not to interfere with the peaceful possession and enjoyment of two acres of agricultural land in Thathukanalli Village, Pappireddypatti Taluk, Dharmapuri District of the petitioner and issue patta for the remaining 0.40 Hec.Ar of land cultivated by the petitioner as per the Forest Right Act 2006.

2. Admittedly, the petitioner claims that she is in possession of the forest land. The forest land cannot be subjected to grant of patta in 2/5

violation of the provisions of Forest Right Act and the Rules. Therefore, the injunction as such sought for in the present writ petition cannot be entertainable.

3. The authorities competent are bound to protect the forest area and maintain ecological and environmental aspects. Violation is an offence and the violators are liable to be prosecuted.

4. This being the factum, the learned counsel for the petitioner made a submission that he may be permitted to withdraw the writ petition.

5. In view of the said submission, the petitioner is permitted to withdraw and accordingly, the writ petition stands dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is closed. 27.07.2023 nl Index : Yes Speaking Order 3/5

To 1.The Director, Tribal Welfare Department, Government of Tamil nadu, Ezhilagam, Chepauk, Chennai - 600 005.

2.The District Collector, Dharmapuri District, Dharmapuri 3.The District Forest Officer, Dharmapuri District, Dharmapuri 4.The Project Officer, District Tribal Welfare, Dharmapuri District, Dharmapuri 5.The Special Tahsildar (SC/ST), Pappireddypatti Taluk, Dharmapuri District 4/5

S.M.SUBRAMANIAM . J., nl 27.07.2023 5/5