S.Nimith Nesadhas v. The Government Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 27/03/2025
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY WP(MD). No.4650 of 2025 and WMP(MD) Nos.3347 & 3348 of 2025 S.Nimith Nesadhas ... Petitioner Vs
1. The Government of Tamil Nadu, Represented by its Principal Secretary, Department of Environment and Forests Department, Secretariat,Chennai 9.
2. The Principal Chief Conservator of Forests, Department of Forest, Pangal Maligai, Saidapet, Chennai 15.
3. The District Collector, Kanniyakumari District, At Nagercoil..
4. The District Forest Officer, Kanniyakumari District,At Nagercoil, Kanniyakumari District.
5. The Assistant Conservator Of, Forest, Kanniyakumari Division, At Nagercoil, Kanniyakumari District.
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6. The Revenue Divisional Officer, Padmanabhapuram,Thuckalay, Kanniyakumari District.
7. The Tahsildhar, Kalkulam Taluk,Thuckalay, Kanniyakumari District.
8. The Inspector of Police, Thuckalay Police Station, Thuckalay,Kanniyakumari District.
9. The Executive Officer, Kumarapuram Special Grade Town Panchayat, Kumarapuram, Kalkulam Taluk, Kanniyakumari District.
10. S.Manikandan ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the proceedings of the 3rd respondent in her proceedings Mu.Mu.(M1)/193284/2022/ Mu.No. 2462, dated 22.01.2025 issued in favour of the 10th respondent, and to quash the same as illegal and consequently direct the respondents 1 to 9 to prevent the 10th respondent from cutting and transporting the trees in the Government Pormboke lands comprised in Survey Nos. 431/1, 432/1, 430/2 and 2/7
430/3, Velimalai Village, Kalkulam taluk and Kanniyakumari District, by considering the complaints / representations of the petitioner dated 17.02.2025, within a time frame fixed by this Court. For Petitioner : Mr.G.Aravindan for M/s.Aran Legal Consultancy For Respondents : Mr.P.Thilak Kumar for R1 to R7 Government Pleader Mr.A.Albert James for R8 Government Advocate (Crl.side)
ORDER
(Order of the Court was made by J.NISHA BANU, J.) The petitioner has filed this writ petition challenging the impugned order of the 3rd respondent in Mu.Mu.(M1)/193284/2022/ Mu.No. 2462, dated 22.01.2025 issued in favour of the 10th respondent, and for a consequential direction to the respondents 1 to 9 to prevent the 10th respondent from cutting and transporting the trees in the Government Pormboke lands comprised in Survey Nos. 431/1, 432/1, 430/2 and 430/3, Velimalai Village, Kalkulam taluk and Kanniyakumari District, by considering the complaint / representation of the petitioner dated 17.02.2025, within a time frame fixed by this Court. 3/7
2. It is the case of the petitioner that the 10th respondent is having lands in S.Nos.430/2, 430/3, 431/1 and 432/1 and he is cutting the trees beyond the permission granted area and dumping the sands in the water catchment area in S.No.612/2 to transport the trees easily. The impugned order is the one through which permission was granted to the petitioner to cut the trees for a period of two years from 12.12.2024 to 11.12.2026. Challenging the impugned order, the petitioner is before this Court with this writ petition.
3. Heard the learned counsel for the petitioner, the learned Government Pleader and the learned Government Advocate for the respondents.
4. At the outset, it is pertinent to be noted that the petitioner is a third party and he has no locus to challenge the permission granted to the private respondents to cut the trees for a period of two years. If the petitioner has any grievance, he has to agitate the same in the manner known to law. While so, filing a writ petition without any locus styled it as a public interest litigation would only show that the petitioner do not 4/7
have any public interest. Finding that there are no merits in this writ petition, the writ petition stands dismissed. No costs. Consequently connected Miscellaneous Petitions are closed. [J.N.B.,J] [S.S.Y.,J] 27.03.2025 NCC : Yes/No Index : Yes/No RR 5/7
To Principal Secretary, Department of Environment and Forests Department, Secretariat,Chennai 9.
2. The Principal Chief Conservator of Forest, Department of Forest, Pangal Maligai, Saidapet, Chennai 15.
3. The District Collector, Kanniyakumari District, At Nagercoil..
4. The District Forest Officer, Kanniyakumari District,At Nagercoil, Kanniyakumari District.
5. The Assistant Conservator Of Forest, Kanniyakumari Division, At Nagercoil, Kanniyakumari District.
6. The Revenue Divisional Officer, Padmanabhapuram,Thuckalay, Kanniyakumari District.
7. The Tahsildhar, Kalkulam Taluk,Thuckalay, Kanniyakumari District.
8. The Inspector of Police, Thuckalay Police Station, Thuckalay,Kanniyakumari District.
9. The Executive Officer, Kumarapuram Special Grade Town Panchayat, Kumarapuram, Kalkulam Taluk, Kanniyakumari District.
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J.NISHA BANU, J AND S.SRIMATHY, J.
RR
ORDER
IN WP(MD) No.4650 of 2025 Date : 27/03/2025 7/7