Muthukrishnan.A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Muthukrishnan.A ... Petitioner /Vs./

1. The District Collector Pudukottai, Pudukottai District.

2. The Tahsildar Thriumayam Taluk, Pudukottai District.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 30.09.2022 and grant permission to cut and remove the eucalyptus trees standing in Survey No. 425/5, KRoyapuram Village, Thirumayam Taluk, Pudukottai District, within the time frame fixed by this Court.

For Petitioner : Mr.K.C.Maniyarasu For Respondents : Mr.D.Gandhi Raj Special Government Pleader 1/5

ORDER

This Writ Petition has been filed for a direction, directing the respondents to consider the petitioner's representation dated 30.09.2022, and grant permission to cut and remove the Eucalyptus trees, which are standing in the land comprised in Survey No. 425/5, K-Royapuram Village, Thirumayam Taluk, Pudukottai District.

2. Heard the learned counsel on either side and perused the material available on record.

3. The petitioner owned property comprised in S.F.No.425/5 situated at K.Royapuram Village, Thirumayam Taluk, Pudukottai District, to an extent of 0.65.0 Hectares. As per the revenue records, the said land was originally classified as 'Sarkar Punjai'. Therefore, the petitioner submitted an application for re-classified the said land and also sought for issuance of patta. After enquiry recommended for issuance of patta, after re-classified the land, as per the order dated 12.02.1996, under Act 26/1963 of Tamil Nadu Inam Estates (Abolition and Conversion into 2/5

Ryotwari) Act, 1963, the petitioner was granted patta. Against the said order, no appeal has been preferred and the order dated 12.02.1996 become final. Thereafter, the petitioner made a request for mutation of revenue records and issue the patta. The petitioner is in possession and enjoyment of the same and there are Eucalyptus trees planted by the petitioner. Now, the petitioner seeks permission to cut and remove the same.

4. The Eucalyptus trees are found as poisonous to sand and it destroyed the organic system. Therefore, this Court directs the Forest Officials to cut and remove the Eucalyptus trees found in the Forest. Therefore, the petitioner can be permitted to cut and remove the Eucalyptus trees, which are standing in the land comprised in Survey No. 425/5, K-Royapuram Village, Thirumayam Taluk, Pudukottai District.

5. In view of the above, the second respondent is directed to give permission to the petitioner, to cut and remove the Eucalyptus trees, which are standing in the land comprised in Survey No. 425/5, 3/5

K-Royapuram Village, Thirumayam Taluk, Pudukottai District, within a period of two weeks from the date of receipt of copy of this order.

6. With the above direction, this Writ Petition stands disposed of . No costs.

31.01.2025 Internet : Yes/No NCC : Yes / No Index : Yes/No LS TO:-

1. The District Collector Pudukottai, Pudukottai District.

2. The Tahsildar Thriumayam Taluk, Pudukottai District.

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G.K.ILANTHIRAIYAN , J.

LS Order made in Dated:

31.01.2025 5/5