T.K.S.Neethi, v. The Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.12.2021

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.NO.26095 OF 2017 AND W.M.P.NO.27723 OF 2017 T.K.S.Neethi

...Petitioner

..Vs..

1. The Principal Secretary, Govt. of Tamil Nadu, Revenue Department,

2. The Assistant Land Revenue and Settlement Officer, South/Additional Personel Assistant Officer, Principal Secretary/Land Revenue and Settlement Commission office,

3. The District Collector, Theni, Office of the Collectorate, Theni.

4. The District Forest Officer, Theni, Theni District.

...Respondents

PRAYER : Petition filed Under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the 2nd respondent to receive reports from the 3rd and 4th respondents and pass appropriate orders to the representation of the petitioner dated 19.12.2016.

For Petitioner : M/S.M.Liagat Ali For R1 to R3 : Mrs.C.Meera Arumugam Additional Government Pleader For R4 : Mr.T.Seenivasan Special Government Pleader

O R D E R

This Writ Petition has been filed by the petitioner seeking for issuance of a Writ of Mandamus, to direct the 2nd respondent to receive reports from the 3rd and 4th respondents and pass appropriate orders on the representation of the petitioner dated 19.12.2016.

2. It is the case of the petitioner that on 19.12.2016, he has made a representation to delete the petitioner's land measuring about 30.52 acres situated in Survey No.81, Melachoikanathapuram Panchayat, Bodi West Hills Forest and exempt the same.

3. However, Mrs.C.Meera Arumugam, learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that the petitioner's land has now become classified as forest land. Therefore, the remedy sought for challenging the said classification is before some other forum and not before this Court.

4. Since the classification was already made by the 4th respondent in respect of the petitioner's land as a forest land, this Court is of the view that no purpose would be served even if the respondents are directed to dispose of the representation of the petitioner dated 19.12.2016. Therefore, nothing survives to be adjudicated in this Writ Petition. Accordingly, the Writ Petition is closed. However, liberty is granted to the petitioner to challenge the classification order passed by the respondents in the manner known to law, if he is so advised. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar sp/jd To

1. The Principal Secretary, Govt. of Tamil Nadu, Revenue Department,

2. The Assistant Land Revenue and Settlement Officer, South/Additional Personel Assistant Officer, Principal Secretary/Land Revenue and Settlement Commission office,

3. The District Collector, Theni, Office of the Collectorate, Theni.

4. The District Forest Officer, Theni, Theni District.

+1cc to M/S.M.Liagat Ali, Advocate, S.R.No.63364 +1cc to the Government Pleader, S.R.No.64033 W.P.No.26095 of 2017 and W.M.P.No.27723 of 2017 CP(CO) RLP(29/12/2021)