Madras High CourtWP/28762/2018disposed of

B.S.Kannappan v. The District Forest Officer

2018-11-01Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2018

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.28762 of 2018 B.S.Kannappan .. Petitioner Vs The District Forest Officer Nilgiris North Division Ooty.

.. Respondent Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the respondent to grant permission to transfer lawful agricultural, domestic and construction materials by using vehicles to petitioner land in New Survey No.646/1, 646/2, 646/3 & 646/4 of Udhagai Uragam village through the forest road in Ooty North Range, Thoandukambai Section, Thottabetta Beat by considering his representations dated 24.02.2017 and 31.07.2018 on merits and as per law.

For Petitioner : Mr.M.K.Subramanian For Respondent : Mr.Vijaya Prasanth Additional Government Pleader (F)

ORDER

By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself. 2.The petitioner has come up with this writ petition seeking a direction to the respondent to grant permission to him to transport lawful agricultural, domestic and construction materials by using vehicles to petitioner's land, by considering his representation dated 24.02.2017 followed by a reminder dated 31.07.2018, on merits and in accordance with law. 3.According to the learned counsel for the petitioner, the petitioner has submitted representations dated 24.02.2017 and 31.07.2018 claiming the same relief as prayed in this writ petition, but, the same are yet to be disposed of by the respondent. Hence, the petitioner is before this Court. 4.Mr.Vijaya Prasanth, learned Additional Government Pleader taking notice for the respondent, submitted that the respondent be directed to consider the petitioner's representations and pass orders in accordance with law.

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5.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court directs the respondent to consider the petitioner's representation dated 24.02.2017 and reminder dated 31.07.2018 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as any of the interested parties, within a period of six weeks from the date of receipt of a copy of this order.

6.Accordingly, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kj To The District Forest Officer Nilgiris North Division Ooty.

+1cc to Mr.M.K.Subramanian, Advocate, S.R.No.75730 W.P. No.28762 of 2018 VGI(CO) rrs 05/12/2018 https://hcservices.ecourts.gov.in/hcservices/