Karmegam v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2025

CORAM:

THE HONOURABLE Mr.JUSTICE V. LAKSHMINARAYANAN W.P.(MD)No.3512 of 2025 and W.M.P.(MD)Nos.2498 & 2500 of 2025 Karmegam .

...Petitioner

Vs

1. The Tahsildar, Taluka Office, Melur, Madurai District.

2. The Revenue Inspector, Melavalavu, Melur Taluk, Madurai District.

3. The Village Administrative Officer, Sekkipatti, Melur Taluk, Madurai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari, to call for the impugned order

passed by the 1st respondent in Na.Ka.No.4909/2024/R1 dated 28.12.2024 and to quash the same as illegal.

For Petitioner : Mr.S.Srikanth, For R1 to R3 : Mr.A.Kannan Additional Government Pleader

O R D E R

This writ petition has been filed seeking certiorari to quash the impugned order passed by the first respondent in Na.Ka.No. 4909/2024/R1, dated 28.12.2024.

2.The petitioner, without authorization, cut Usilai trees on the banks of Marukal. It is not in dispute that he cut large trees and thirteen smaller ones. He is not the owner of the trees. The trees were grown on the Government poramboke land and the Government was the owner of the trees. No permission was sought for from the Government prior to cutting the same.

3.The Tahsildar, on coming to know of this fact, imposed penality of Rs.16,000/- under the impugned order. Pleading that natural justice has been violated, the present writ petition has been presented. 4.I heard, Mr.S.Srikanth, for the petitioner and Mr.Kannan Additional Government Pleader for the respondents. 5.The act of the petitioner in removing valuable trees belonging to the Government is an act of theft. The Tahsildar seems to have taken a very lenient approach and has only imposed cost instead of lodging a complaint against the petitioner. The petitioner should thank his stars that the Government did not take a tough position against him. Per tree the Tahsildar has valued it at Rs.200/- and has given a detailed calculation and imposed the penalty of Rs.16,000/-. The plea that there is a violation of natural justice certainly does not apply to him. 6.This is for the simple reason, the petitioner being well aware that the trees belonged to the Government proceeded to cut and remove the same.

7.In the light of the above discussion, I do not find any reasons to interfere with the impugned order. Accordingly, this writ petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

07.02.2025 NCC : Yes/No Index : Yes/No Internet : Yes LR To

1. The Tahsildar, Taluka Office, Melur, Madurai District.

2. The Revenue Inspector, Melavalavu, Melur Taluk, Madurai District.

3. The Village Administrative Officer, Sekkipatti, Melur Taluk, Madurai District.

V. LAKSHMINARAYANAN, J.

LR W.P.(MD)No.3512 of 2025 Dated : 07.02.2025