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Madras High CourtWP(MD)/2884/2013disposed of

Pothumponnu, v. The District Collector

2022-09-01Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)No.1 of 2013 Pothumponnu ... Petitioner Vs.

1.The District Collector, Dindigul, Dindigul District.

2.The Tahsildar, Natham Taluk, Dindigul District.

3.The District Forest Officer, Office of the District Forest Office, Dindigul District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the second respondent in his proceedings in Oo.Moo. 13346/2012/A4, dated 12.01.2013 and quash the same. For Petitioner : M/s.S.M.Mohan Gandhi 1/4

For Respondents : Mr.N.Muthuvijayan Special Government Pleader

ORDER

The present Writ Petition has been filed challenging an order passed by the second respondent herein, under which, the request of the petitioner for grant of certificate as a small farmer for Survey No.327 has been rejected, on the ground that the said land has already been notified as a forest land under Section 4 of the Tamil Nadu Forest Act, 1882.

2. The learned Counsel for the petitioner submits that no such notification was served upon the writ petitioner.

3. The learned Special Government Pleader appearing for the respondents had served a copy of the said notification to the learned Counsel for the petitioner today. Since the lands have been notified as a forest land under Section 4 of the Tamil Nadu Forest Act, the order impugned in the writ petition cannot be disturbed. The writ petition is dismissed with liberty to the writ petitioner to challenge the said 2/4

notification under the Tamil Nadu Forest Act in the manner known to law.

4. With the above said observations, the writ petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

01.09.2022 Index :

Yes / No Internet :

Yes / No btr To 1.The District Collector, Dindigul, Dindigul District.

2.The Tahsildar, Natham Taluk, Dindigul District.

3.The District Forest Officer, Office of the District Forest Office, Dindigul District.

3/4

R.

VIJAYAKUMAR , J.

btr Order made in 01.09.2022 4/4