V.C.Arunachalam v. State Of Tamil Nadu Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU V.C.Arunachalam ... Petitioner -vs1. State of Tamilnadu represented by its Principal Secretary to Government, Environment and Forests Department, Secretariat, Chennai - 600 009.

2. The Principal Chief Conservator of Forests and Chief Wild Life Warde, No. 1, Panagal Maaligai, Jennis Road, Saidapet, Chennai - 600 015.

3. The State of Tamilnadu represented by its Additional Chief Secretary to Government, Finance Department, Secretariat, Fort St. George, Chennai - 600 009.

4. The State of Tamilnadu represented by its Secretary to Government, Agriculture and Farmers Welfare Department, Secretariat, Fort St. George, Chennai - 600 009.

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5. The Director, Directorate of Horticulture and Plantation Crops, 3rd Floor, Agricultural Complex, Ezhilagam, Chepauk, Chennai - 600 005.

6. The District Forest Officer, District Forest Office, Coimbatore Forest Division, Coimbatore - 641 002.

7. The Deputy Director of Horticulture, 8, Thadagam Road, GCT Post, Coimbatore - 641 013.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Declaration, declaring impugned Governmental Order G.O. (Ms) No. 141 of the Environment and Forests Department dated 25.11.2016 as manifestly arbitrary and unconstitutional and direct the Respondents to issue Government Order in such a manner that actual just compensation is provided for the loss suffered due to the various damages caused by Wild Animals.

For Petitioner :

Mr. M.Shankar For Respondents :

Mr. B.Vijay, Additional Government Pleader 2/6

O R D E R

Heard Mr. M.Shankar, Learned Counsel for the Petitioner and Mr. B.Vijay, Learned Additional Government Pleader appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petition has been filed challenging Governmental Order in G.O. (Ms) No. 141 of the Environment and Forests Department dated 25.11.2016 issued by the Government of Tamil Nadu.

3.

On a reading of the impugned order, it is evident that the compensation amount provided in it does not impede the right of the Petitioner to claim any higher amount of compensation before the proper forum in the manner recognized by law. In view of the same, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the rights of the Petitioner to resort to the aforesaid procedure and he has made an endorsement to that effect in the court record. 3/6

In fine, the Writ Petition is dismissed as withdrawn with the aforesaid clarifications. No costs.

05.01.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 01.04.2024.

vjt To

1. The Principal Secretary to Government, Environment and Forests Department, Secretariat, Chennai - 600 009.

2. The Principal Chief Conservator of Forests and Chief Wild Life Warde, No. 1, Panagal Maaligai, Jennis Road, Saidapet, Chennai - 600 015.

3. The Additional Chief Secretary to Government, Finance Department, Secretariat, Fort St. George, Chennai - 600 009.

4. The Secretary to Government, Agriculture and Farmers Welfare Department, Secretariat, Fort St. George, Chennai - 600 009.

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5. The Director, Directorate of Horticulture and Plantation Crops, 3rd Floor, Agricultural Complex, Ezhilagam, Chepauk, Chennai - 600 005.

6. The District Forest Officer, District Forest Office, Coimbatore Forest Division, Coimbatore - 641 002.

7. The Deputy Director of Horticulture, 8, Thadagam Road, GCT Post, Coimbatore - 641 013.

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P.D. AUDIKESAVALU, J.

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