M.Pachaiyappan v. The Principal And Chief Conservator Of Forests

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2025

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR M.Pachaiyappan ... Petitioner Vs.

1.The Principal and Chief Conservator of Forests, Guindy-Velacherry Main Road, Guindy, Chennai-600 032.

2.The District Forest Officer, Theni District, Theni.

3.The Forest Ranger, Theni Range, Theni.

... Respondents PRAYER : Criminal Original Petition filed under Section 528 of B.N.S.S., not to harass the petitioner under the guise of any enquiry whatsoever and issue a direction to take necessary action against the officials of the 3rd respondent for their illegal demands and acts and threats to the petitioner and his family members within the time stipulated by this Court.

For Petitioner : Mr.P.Mahendran For Respondents : Mr.K.Sanjai Gandhi Government Advocate (Crl.side) 1/4

ORDER

The petitioner submitted that under the guise of enquiry, the petitioner is being constantly harassed by the third respondent. 2.The petitioner had earlier appeared on the notice of the third respondent and gave his explanation and also given the details of documents, which are available with him. Even thereafter, the petitioner is being harassed.

3.The learned Additional Public Prosecutor appearing for the respondent police submits that on finding that the petitioner is in illegal possession of scheduled timber without proper permission, on 10.02.2024, the case has been registered and summons have been issued. But the petitioner did not not appear for enquiry. 4.The learned counsel for the petitioner referred to the notice issued by the respondent police, in which it is the admitted case of the third respondent that the black wood has been recovered from possession of Rajammal W/o.Thangamuthu. However, he on instructions submits that though the petitioner had earlier given explanation on 21.11.2024, to show his bona fide, the petitioner is ready to appear bdefore the third respondent on 08.02.2025 and give such similar explanation. 2/4

5.In view of the above said undertaking, the petitioner is directed to appear before the third respondent on 03.02.2025 and give his explanation with relevant materials, if any, to the third respondent. Thereafter, the third respondent is directed to conclude the enquiry without any further delay and also not to call the petitioner frequently without any reasons.

6.With the above direction, this Criminal Original Petition is disposed of.

28.01.2024 NCC : Yes / No Index : Yes / No ta To 1.The Principal and Chief Conservator of Forests, Guindy-Velacherry Main Road, Guindy, Chennai-600 032.

2.The District Forest Officer, Theni District, Theni.

3.The Forest Ranger, Theni Range, Theni.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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M.NIRMAL KUMAR, J.

ta 28.01.2025 4/4