G.S.Halan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.09.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.27661 of 2024 G.S.Halan ... Petitioner Vs.

1. The District Collector, Nilgiris District.

2. The District Revenue Officer, Udhagamandakam, Nilgiris.

3. The Tahsildar, Udhagamandalam, Nilgiris.

4. The District Forest Officer, Udhagamandalam, Nilgiris - 643 001.

... Respondents Prayer: This Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the first respondent to consider the application dated February 2024 bearing Ref. No.2024/02/00338 pending on the file of the first respondent.

For Petitioner : Mr.Arjun Suresh For Respondent : Mr.U.Bharanidharan, AGP - RR1 to 3 Mr.T.Sreenivasan, SGP - R4

ORDER

This petition has been filed seeking a direction to the first respondent to

consider the application dated February 2024 bearing Ref. No.2024/02/00338 pending on the file of the first respondent.

2. The petitioner herein has tea plantation in S.No.279/2 in the Sholur Village, Udhagamandalam. For the purpose of providing shade to the tea leaves, the petitioner herein had planted Bluegum and Wattle trees in his private property measuring to an extent of 27 acres. For the purpose of obtaining the cutting permission, the petitioner had preferred an application before the first respondent authority as early as February 2024. The same has not been considered by the first respondent herein and the said application is still pending. Hence, the present writ petition.

3. The learned counsel for the petitioner submitted that this Court may issue a direction to the second respondent to consider and pass orders on the petitioners' representation within the stipulated time as fixed by this Court.

4. The learned Additional Government Pleader appearing for the respondents submitted that the first respondent will consider and pass orders on the petitioners representation within the stipulated time as fixed by this court.

5. Heard the learned counsel on either side and perused the materials available on record.

6. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioners, this Court directs the first respondent to consider the petitioners representation and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order.

7. With the above directions, this Writ Petition is disposed of. No costs. 20.09.2024 rli To

1. The District Collector, Nilgiris District.

2. The District Revenue Officer, Udhagamandakam, Nilgiris.

3. The Tahsildar, Udhagamandalam, Nilgiris.

4. The District Forest Officer, Udhagamandalam, Nilgiris - 643 001.

M.DHANDAPANI,J.

Rli W.P.No.27661 of 2024 20.09.2024