J.Arun Joseph,S/O.Joseph v. M.Bala Maheswari

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twentieth day of October Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice R.SURESH KUMAR IN WP(MD) No.12072 of 2019 1 THE CHIEF CONSERVATOR OF FORESTS AND FIELD DIRECTOR, PROJECT TIGER, KALAKAD MUNDUNTHURAI TIGER RESERVE, N.G.O.COLONY, TIRUNELVELI 627 007 2 THE DISTRICT COLLECTOR TIRUNELVELI DISTRICT, TIRUNELVELI 3 THE DEPUTY DIRECTOR AND WILD LIFE WARDEN, NO.11, AGASTHIYAR EAST STREET, AMBASAMUDRAM 627 401 TIRUNELVELI DISTRICT.

4 THE DISTRICT ADI DRAVIDAR AND TRIBAL WELFARE OFFICER, TIRUNELVELI DISTRICT TIRUNELVELI.

5 THE FORESTER, MUNDANTHURAI FOREST OFFICE, PAPANASAM MELANAI, AMBASAMUDRAM, TIRUNELVELI DISTRICT. ... PETITIONERS/RESPONDENTS 1 TO 5 Vs 1 MARIAMMAL ... 1st RESPONDENT/PETITIONER 2 M.PALAVESAKANNU, THE FORESTER, MUNDANTHURAI FOREST OFFICE, PAPANASAM MELANAI AMBASAMUDRAM, TIRUNELVELI DISTRICT.

...6th RESPONDENT/6th RESPONDENT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased 1/3

to review the order made in WP(MD) No.12072 of 2019 dated 18.06.2019 on the file of this Hon'ble Court and allow this Review Application. Prayer in WP(MD). 12072/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ mandamus, directing the fifth respondent to allow the petitioner to transport the construction materials to her house situates in No.36A, Agasthiyar Nagar kani Kudieruppu, Papanasam Melanai - Vikramasingapuram part- II, Ambasamudram - 627 425, Tirunelveli District through Mundanthurai Forest Check Post and Papanasam Forest Check Post as per the order passed by the third Respondent vide proceedings in Na.ka.No.Va/4125/2018 dated 25.03.2019 and further directing the first respondent to take action against the sixth Respondent for denying permission for transporting building materials despite the order passed by the third Respondent by considering the petitioner's representatation, dated 23.04.2019.

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.VEERA KATHIRAVAN, Additional Advocate General assisted for Mr.R.SURESH KUMAR, Government Advocate for the petitioners and of not appeared for the first respondent either in person or through by an advocate, the court made the following order:- On 28.09.2021, Mr.R.

Balakrishnan learned counsel for the first respondent/writ petitioner had submitted that, insofar as the attempt made by the authorities to allot alternative sites at Vellanguli Village is concerned, he has not received any instructions as of then from the writ petitioner side and hence, he wanted sometime to give suitable advice to the writ petitioner, and after getting further instructions, he would revert back before this Court, accordingly, two weeks time was given and when the case again came up for hearing on 08.10.2021, the learned counsel for the writ petitioner/first respondent has further requested the time till today, accordingly, the mater is posted today. 2.

When the matter is taken up for hearing today, the learned Additional Advocate General is appearing, however, there is no representation for the writ petitioner/first respondent.

3. Hence post the matter on 22.10.2021 under the caption 'for orders'.

sd/- 20/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE CHIEF CONSERVATOR OF FORESTS AND FIELD DIRECTOR, PROJECT TIGER, KALAKAD MUNDUNTHURAI TIGER RESERVE, N.G.O.COLONY, TIRUNELVELI 627 007 2 THE DISTRICT COLLECTOR TIRUNELVELI DISTRICT, TIRUNELVELI 3 THE DEPUTY DIRECTOR AND WILD LIFE WARDEN, NO.11, AGASTHIYAR EAST STREET, AMBASAMUDRAM 627 401 TIRUNELVELI DISTRICT.

4 THE DISTRICT ADI DRAVIDAR AND TRIBAL WELFARE OFFICER, TIRUNELVELI DISTRICT TIRUNELVELI.

5 THE FORESTER, MUNDANTHURAI FOREST OFFICE, PAPANASAM MELANAI, AMBASAMUDRAM, TIRUNELVELI DISTRICT.

ORDER

IN IN WP(MD) No.12072 of 2019 Date :20/10/2021 SA/JM/SAR.2/21.10.2021/3P/6C 3/3