Stalin Deva Kumar.D.R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR D.R.Stalin Deva Kumar ... Petitioner Vs.

1.The District Collector, Nagercoil, Kanyakumari District.

2.The District Forest Officer, Nagercoil, Kanyakumari District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents herein to grant permission to cut and remove six numbers of Teak Wood trees and transit from the petitioner's patta land in Survey No.1009/9 and 1009/11, situated at Kaiyal Village, Vilavancode Taluk, Kanyakumari District forthwith.

For Petitioner : Mr.N.S.Ramakrishna Dass For Respondents : Mr.M.Lingadurai Special Government Pleader

O R D E R

*********** In the captioned writ petition Mr.N.S.Ramakrishna Dass, learned Counsel on record for writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader who accepts notice on behalf of both the respondents are before this Court.

2.Writ petitioner has approached the second respondent seeking permission to fell (cut) teak wood trees [Njf;F kuq;fs;] in land which according to writ petitioner belongs to him. 3.Captioned writ petition has been filed saying that his aforementioned application seeking permission has not been considered by the respondents and the writ petitioner has sought a direction in this regard from this Court. Notwithstanding the prayer (extracted and reproduced supra below the cause title in this order) learned Counsel on record for writ petitioner submits that he 1/3

abridges / restricts the prayer to a simple Mandamus qua second respondent to dispose of his representation dated 11.09.2021 (page 6 of the typed set of papers in the case file placed before this Court). A scanned reproduction of this 11.09.2021 representation is as follows:

4.Learned Special Government Pleader who has accepted notice on behalf of both respondents submits that the claim of the writ petitioner has to be examined inter-alia by verification of various records.

5.In the light of the abridged / restricted / narrowed down prayer, captioned writ petition is disposed of with a simple directive to the second respondent to dispose of aforementioned 11.09.2021 representation of the writ petitioner on its own merits and in accordance with law in any event within six [6] weeks from today ie., on or before 04.03.2022. Though obvious for the purpose 2/3

of specificity it is made clear that this Court has not expressed any view or opinion on the merits of the matter. 6.The order / proceedings of the second respondent disposing of writ petitioner's aforementioned 11.09.2021 representation shall be communicated to the writ petitioner under due acknowledgment within seven [7] working days from the date of disposal. 7.Captioned writ petition is disposed of with the aforementioned simple directive. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) MR NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, Nagercoil, Kanyakumari District.

2.The District Forest Officer, Nagercoil, Kanyakumari District.

+1 CC to M/s.SPL.GP ( SR-2378[F] dated 25/01/2022 ) ORDER MADE IN 21.01.2022 MK/01.02.2022/3P/4C 3/3