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Madras High Court/3809/2025dismissed

The Additional Principal Chief v. L Magilan

2026-01-09Honourable Mr Justice R. Suresh Kumar,Honourable Mr.Justice Shamim Ahmed4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-01-2026

CORAM

THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE SHAMIM AHMED AND CMP NO. 31363 OF 2025

1. The Additional Principal Chief Conservator of Forest (Admn), O/o. Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai-15.

2. The Conservator Of Forests, Office of State Forest Research Institute, Kolapakkam, Chennai-127.

..Appellants Vs L Magilan S/o.Lakshmanan, T15, B Block, Ashok Manor (Ruby Builders), Krishna Nagar 6th Street, Mudichur Road, West Tambaram, Chennai-45.

..Respondent Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order dated 18.10.2024 made in WP No.15898/2015.

For Appellants :

Mr.R.Neethiperumal Government Advocate For Respondent(s):

Mr.S.Nedunchezhiyan

Judgment (Judgment of the Court was delivered by R.Suresh Kumar J.) This writ appeal has been directed against the order passed by the Writ Court dated 18.10.2024 made in W.P.No.15898 of 2015.

2. The issue relates to recovery, to which the decision of the Hon'ble Supreme Court in State of Punjab and Others Vs. Rafiq Masih (White Washer) and Others reported in (2015) 4 SCC 334 squarely applies. In fact, in the instant case the learned Writ Court followed the decision of this Court made in W.P.No.12292 of 2021, which order was appealed by the State of Tamil Nadu in W.A.No.648 of 2025. The appeal was dismissed by a Division Bench of this Court by order dated 13.03.2025, confirming the order passed in W.P.No.12292 of 2021.

3. This decision of the Division Bench was followed by another Division Bench of this Court in W.A.No.2952 of 2025, which was filed against the very same common order in W.P.No.12290 of 2021. Therefore, both the writ appeals since have already been dismissed, confirming the order of the Writ Court made in W.P.Nos.12290 and 12292 of 2021 dated 21.02.2024, the present writ appeal filed against the order in W.P.No.15898 of 2025 dated 18.10.2024 following the order made in W.P.Nos.12290 and 12292 of 2021 is liable to be dismissed. Accordingly,

the writ appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

(R.S.K.,J.) (S.S.A.,J.) 09-01-2026 Index: Yes/No Speaking/Non-speaking order KST To

1. The Additional Principal Chief Conservator of Forest (Admn), O/o. Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai-15.

2. The Conservator Of Forests, Office of State Forest Research Institute, Kolapakkam, Chennai-127.

R.SURESH KUMAR J.

AND SHAMIM AHMED J.

KST AND CMP NO. 31363 OF 2025 09-01-2026