Nachiyappan v. The Chief Conservator Of Forests

W.P(MD)No. 2908 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE PARESH UPADHYAY and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No. 2908 of 2022 Nachiyappan .. Petitioner Vs 1.The Chief Conservator of Forests, Dindigul Circle, Velunachiar Valagam, Dindigul - 624 004.

2.The District Forest Officer, Dindigul Division, Velu Nachiar Complex, Dindigul - 624 004.

3.Muniyandi 4.Pandi .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of mandamus directing respondents 1 and 2 to prevent the illegal cutting and transport of forest trees by respondents 3 and 4 and take necessary action based on the petitioner's representation dated 22.10.2021. For Petitioner : Mr.Vellaichamy For Respondents : Mr.S.R.A.Ramachandran Additional Government Pleader for R1 and R2

ORDER

[Made by PARESH UPADHYAY, J.] 1.

This petition is styled as Public Interest Litigation. 2.

The petitioner seeks action by the State Authorities against the third and fourth respondents.

3.

We have heard learned advocate for the petitioner and the learned Additional Government Pleader. The counter by the second respondent is also taken into consideration.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No. 2908 of 2022 4.

Having heard learned advocates for the respective parties and having considered the material on record we find that, not only it is the case of the respondent State Authorities, there is pleading by the petitioner himself, more particularly in para : 4 and 5 to the effect that, there is personal dispute between the petitioner and respondents 3 and 4 and further that offence is also registered between them, including for the offence punishable under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. We find that, even if the grievance of the petitioner is right, the same need not be examined in the form of Public Interest litigation.

5.

For the above reasons, this writ petition is dismissed. No costs.

Sd/- Assistant Registrar (RTI) // True Copy // / /2022 Sub Assistant Registrar(CS) sj To 1.The Chief Conservator of Forests, Dindigul Circle, Velunachiar Valagam, Dindigul - 624 004.

2.The District Forest Officer, Dindigul Division, Velu Nachiar Complex, Dindigul - 624 004.

+1 CC to M/s.SPL GP ( SR-16114[F] dated 01/04/2022 ) W.P(MD)No.2908 of 2022 30.03.2022 MGJ(08.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2