Giri v. The Principal Chief Conservator Of Forest

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Giri : Petitioner Vs.

1. The Principal Chief Conservator of Forest, Office of the Forest Department, Saidapet, Chennai - 15.

2. The District Forest Officer, Thoothukudi, Thoothukudi District.

3. The Authorized Officer, Amazon Solar Farm LLP, By its Partners M/s.Zaveri Power LLP and M/s.Prozeal Green Energy Ltd.

Office at U-02 Swagat, B-S, Lal Bungalow, CG Road, Ambawadi, Ahamedabad, Gujarat - 380006.

4. Ilayaraja, The President, Ottapidaram Village Panchayat Thoothukudi District.

: Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus calling for entire 1/6

records relating to the impugned order of rejection issued by the 2nd respondent herein in Na.Ka.No.Ku/7074/2024 dated 24.12.2024 and quash the same as illegal and consequently direct 2nd respondent to grant permission for cutting down the 190 red sanders tree in the lands in survey no. 699, 700, 704/3, 701/1, 711/1A and 713 were situated at Ottapidaram Village, Thoothukudi District.

For Petitioner : Mr.D.Yashwant Rajan For Respondents : Mr.J.K.Jeyaseelan Government Advocate for R1 & R2 Ms.A.N.Meenakshi for R3 Mr.G.Thalaimutharasu for R4

O R D E R

This writ petition has been filed challenging the rejection order dated 24.12.2024, issued by the second respondent and for a consequential direction to the second respondent to grant permission for cutting down 190 red sanders tree in the lands at Survey Nos. 699, 700, 704/3, 701/1, 711/1A and 713, situated at Ottapidaram Village, Thoothukudi District.

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2. The petitioner's case is that the petitioner obtained permission to plant 195 red sanders trees on the land at Survey Nos. 699, 700, 704/3, 701/1, 711/1A, and 713, situated at Ottapidaram Village, Thoothukudi District. Subsequently, upon a request made by the petitioner, the second respondent granted permission to cut down 190 trees, subject to certain conditions, by its order dated 10.12.2024. The grievance of the petitioner is that, without providing any opportunity or reasons, the second respondent passed the impugned order dated 24.12.2024, rejecting the permission granted to the petitioner, stating that an objection letter had been received. Having no other option, the petitioner has filed the present writ petition.

3. The learned Government Advocate appearing on behalf of the respondents 1 and 2 by filing the counter-affidavit submitted that, the petitioner is not the actual applicant. It is M/s.R.M.V.International Traders, who obtained permission to cut down the trees. Therefore, the petitioner, being neither the owner nor an aggrieved party, has no locus standi to seek permission for cutting down the trees. Accordingly, he prays for the dismissal of this writ petition. 3/6

4. Heard the learned counsel for the parties and perused the materials available on record.

5. Admittedly, in the present case, M/s.RMV International Traders were appointed to cut red sanders trees planted in the subject property as per the agreement dated 14.11.2024 and subsequently, permission was also granted by the Forest Department, Thoothukudi Division. However, the fourth respondent/Village President raised an objection on the grounds of an ongoing land dispute concerning the subject property. Hence, this Court is not inclined to grant the prayer as sought for by the petitioner.

6. In view of the above, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 14.02.2025 Index : Yes / No Internet : Yes / No PKN 4/6

To Commercial Tax Officer, Tuticorin III Assessment Circle, No. 6R, North Cotton Road, Thoothukudi, Tamil Nadu 628 001.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.118 of 2025 14.02.2025 6/6