S.Ignacy, v. Union Of India, Rep. By Its

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and M.P.(MD) Nos.1, 2 & 3 of 2013 S.Ignacy ... Petitioner -vs1.Union of India rep.by its Secretary Ministry of Forest and Environment Annexe No.5, Bikaner House Shahjahan Road New Delhi-110 011 2.The State of Tamil Nadu rep.by its Principal Secretary Department of Forests and Environment St.George Fort Chennai-600 009 3.The District Collector Dindigul District Dindigul 4.The District Forest Officer Kodaikanal Dindigul District

5.The Panchayat President Poomparai Panchayat Poomparai, Kodaikanal Dindigul District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records pertaining to the impugned notification in Na.Ka.No.1668/2012/A8/(AS 11), dated 06.02.2013, on the file of the third respondent and quash the same as illegal and consequently to direct the respondents 2 and 3 to prevent laying of public road to an extent of 3 Yards from Vannampatti Section to Kottan Kattaparai in the forest area located in Kodaikanal, Dindigul District. For Petitioner :

Mr.S.Rajasekar For Respondents :

Mr.Pon Senthil Kumaran Central Government Standing Counsel for R1 Mr.N.Satheesh Kumar Additional Government Pleader for R2 to R5

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] The order dated 06.02.2013, passed by the third respondent, granting sanction for laying a road in the subject land, is under challenge in this writ petition.

2. Today, when the matter was taken up for hearing, learned Additional Government Pleader appearing for the respondents 2 to 5, on instructions, submitted that the respondent - Panchayat has not proceeded with laying of the road as the subject is a reserved forest land and it comes under the control of the Forest Department and therefore, no further adjudication is required in this writ petition.

3. Recording the above submission of the learned Additional Government Pleader, this writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed. [D.K.K., J.] [M.S.K., J.] 09.01.2024 (1/2) NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The Secretary, Ministry of Forest and Environment, Union of India, Annexe No.5, Bikaner House, Shahjahan Road, New Delhi-110 011.

2.The Principal Secretary, Department of Forests and Environment, State of Tamil Nadu, St.George Fort, Chennai-600 009.

3.The District Collector, Dindigul District, Dindigul.

4.The District Forest Officer, Kodaikanal, Dindigul District.

5.The Panchayat President, Poomparai Panchayat, Poomparai, Kodaikanal, Dindigul District.

D.KRISHNAKUMAR , J.

and MUMMINENI SUDHEER KUMAR, J.

krk and M.P.(MD) Nos.1, 2 & 3 of 2013 09.01.2024 (1/2)