The Superintendent Of Police v. Club India Resorts And Metro Hotels Private Ltd.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN and THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR and C.M.P.(MD) No.1647 of 2020 1.The Superintendent of Police Dindigul District 2.The Deputy Superintendent of Police Kodaikanal Dindigul District 3.The Inspector of Police Kodaikanal Police Station Kodaikanal Dindigul District ... Appellants -vsClub India Resorts and Metro Hotels Private Limited rep.by its Director Bodhee Satvikanath Raju Son of Raju Poomparai Village Kodaikanal Taluk Dindigul District ... Respondent

Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 11.02.2020, passed in W.P.(MD) No.2376 of 2020, on the file of this Court.

For Appellants :

Ms.D.Farjana Ghoushia Special Government Pleader For Respondent :

No appearance

J U D G M E N T

[Judgment of the Court was made by RMT.TEEKAA RAMAN, J.] The respondent - resort herein filed the writ petition in W.P.(MD) No.2376 of 2020, challenging the order dated 29.01.2020, passed by the third appellant herein, rejecting its request for conducting a cultural event scheduled to be conducted from 13.02.2020 to 16.02.2020 in their resort and to forbear the appellants herein from in anyway interfering with its right to conduct the cultural event.

2. The learned Single Judge, by order dated 11.02.2020, disposed of the said writ petition by setting aside the order impugned therein, and by issuing certain directions. Challenging the same, the official respondents in the writ petition have filed this writ appeal.

3. At the outset, it is to be noted that the period during which the cultural event sought to be conducted has already expired and therefore, nothing survives for consideration in this writ appeal at this distance of time.

4. However, we are of the view that the learned Single Judge has issued certain directions, while disposing of the writ petition, as a regulatory measure. The main grievance of the appellants is that the place in which the cultural event sought to be conducted is in the forest land and therefore, conducting a cultural event in the forest land is in violation of the provisions of Wild Life (Protection) Act, 1972 as well as the Forest Conservation Act, 1980. Hence, it is made clear that the order dated 11.02.2020, passed by the learned Single Judge in W.P.(MD) No.2376 of 2020, shall not be cited as a precedent in any other cases. Excepting for that, we are not expressing any opinion on the conditions imposed therein.

5. Accordingly, this writ appeal is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [T.K.R., J.] [N.S., J.] 06.11.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Superintendent of Police, Dindigul District.

2.The Deputy Superintendent of Police, Kodaikanal, Dindigul District.

3.The Inspector of Police, Kodaikanal Police Station, Kodaikanal, Dindigul District.

RMT.TEEKAA RAMAN, J.

AND N.SENTHILKUMAR, J.

krk and C.M.P.(MD) No.1647 of 2020 06.11.2024