R.Shajahan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.1747 & 1748 of 2023 R.Shajahan ... Petitioner in WP(MD) No.1747 of 2023 R.Subahan Ali Sait ... Petitioner in WP(MD) No.1748 of 2023 Vs 1.The District Collector, Dindigul, Dindigul District.

2.The Deputy Director, Anamalai Tiger Reserve, Udumalpet, Tirupur District.

3.The District Forest Officer, Kodaikanal Division, Muthaliyarpuram, Kodaikanal, Dindigul District.

4.The Tahsildar, Kodaikanal Taluk, Dindigul District.

...Respondents

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COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 to grant permission for removal of blue gum eucalyptus trees and wattle trees from the petitioners' lands in Poondi Village, Kodaikanal Taluk, Dindigul District by considering the petitioners' representation dated 17.12.2022 and in the light of the order passed by this Court in WP(MD).No. 3633 of 2014 dated 18.10.2022 within the time that maybe stipulated by this Court.

For Petitioners : Mr.K.N.Guru For Respondents : Mr.J.K.Jeyaseelan Government Advocate (in both WPs) C O M M O N O R D E R These writ petitions are filed for a Mandamus, directing the respondents 1 to 3 to grant permission for removal of blue gum eucalyptus trees and wattle trees from the petitioners' lands in Poondi Village, Kodaikanal Taluk, Dindigul District by considering their representations dated 17.12.2022 and in the light of the order passed by this Court in WP(MD).No. 3633 of 2014 dated 18.10.2022 within the time that maybe stipulated by this Court. 2/6

2.When these writ petitions are listed for hearing on 16.02.2023, this Court has directed the Registry to list these writ petitions along with WP(MD) No.3633 of 2014, a public interest litigation, which was pending before this court for the relief of removal of invasive species in the forest areas. 3.Registry has put up a note that the said writ petition in WP(MD) No.3633 of 2014 has already been disposed of on 11.01.2019 in the following terms:- "14.W.P(MD) No.3633 of 2014 is filed to direct the respondents to take appropriate measures to remove the wattle, eucalyptus trees grown in the forests of the respondents No.3 Department in the Western Ghats in the Tamil Nadu Region within the time period stipulated by this Court.

15.These writ petitions have been filed on the common grievance qua eucalyptus trees. The grievance being common, we call upon the writ petitions directing the Committee to make suggestions with respect to the non 3/6

invasive exotic trees such as eucalyptus, especially the need for separate enactment in the State of Tamilnadu. Therefore, based upon the Report to be submitted by the Committee, appropriate orders shall be passed." 4.Today(21.11.2023), when these writ petitions are taken up for hearing, the learned counsel appearing for the writ petitioners has circulated a letter dated 16.11.2023 for withdrawing these writ petitions that the petitioners are no longer wish to prosecute the case. 5.Recording the letter circulated by the learned counsel for the petitioners as well as the petitioners, these writ petitions are dismissed as withdrawn. No Costs.

21.11.2023 Index:Yes Internet:Yes vrn 4/6

To 1.The District Collector, Dindigul, Dindigul District.

2.The Deputy Director, Anamalai Tiger Reserve, Udumalpet, Tirupur District.

3.The District Forest Officer, Kodaikanal Division, Muthaliyarpuram, Kodaikanal, Dindigul District.

4.The Tahsildar, Kodaikanal Taluk, Dindigul District.

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B.PUGALENDHI, J.

vrn Common Order made in W.P(MD)No.1747 & 1748 of 2023 21.11.2023 6/6