S.Ganapathy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE S.Ganapathy ... Petitioner -vs1.The District Collector Sivagangai District Sivagangai 2.The District Revenue Officer Sivagangai District Sivagangai 3.The Revenue Divisional Officer Sivagangai, Sivagangai District 4.The Tahsildar Kalaiyarkovil Taluk Office Kalaiyarkovil Sivagangai District 5.The Joint Director (Agriculture) The District Collector Sivagangai District, Sivagangai

6.The Assistant Director Agriculture Department Sivagangai District Sivagangai 7.The District Forest Officer Sivagangai District Sivagangai 8.Kannan (Bonestter) ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the first respondent to remove all eucalyptus trees cultivated by the eighth respondent in the agriculture lands at Mudukkurani Village, Andichiyurani Post, Kalaiyarkovil Taluk, Sivagangai District, within a time frame stipulated by this Court. For Petitioner :

Mr.R.Karthic Rajan For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R7 Mr.S.Malaikani for R8

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] This writ petition has been filed for issuance of a writ of mandamus directing the first respondent to remove all eucalyptus trees cultivated by the eighth respondent in the agriculture lands at Mudukkurani

Village, Andichiyurani Post, Kalaiyarkovil Taluk, Sivagangai District, within a time stipulated by this Court.

2. In the absence of any prohibition under the statute or the Rules in force, the relief as such sought for in this writ petition cannot be granted.

3. Learned Government Pleader appearing for the respondents 1 to 7 brought to the notice of this Court that in a similar matter in W.P.(MD) No.70 of 2023, the Forest Department has filed a counter affidavit stating that writ petitions relating to eucalyptus trees do not come under the purview of the Forest Department under the Tamil Nadu Forest Act, 1882 and the Forest Department does not have any vested right to act upon the grievance of the petitioner relating to eucalyptus trees raised in the private patta lands.

4. In view of above, if at all the petitioner is able to establish any prohibition under the statute or the Rules in force, he is at liberty to approach the District Collector for initiation of appropriate action.

5. Accordingly, this writ petition is disposed of. No costs. [S.M.S., J.] [A.D.M.C., J.] 03.06.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Sivagangai District, Sivagangai.

2.The District Revenue Officer, Sivagangai District, Sivagangai.

3.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

4.The Tahsildar, Kalaiyarkovil Taluk Office, Kalaiyarkovil, Sivagangai District.

5.The Joint Director (Agriculture), The District Collector, Sivagangai District, Sivagangai.

6.The Assistant Director, Agriculture Department, Sivagangai District, Sivagangai.

7.The District Forest Officer, Sivagangai District, Sivagangai.

S.M.SUBRAMANIAM, J.

and DR.A.D.MARIA CLETE , J.

krk 03.06.2025