Madras High CourtWMP(MD)/5517/2020withdrawn dismissed

T.Ashok Kumar v. The District Collector

2020-07-15Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 25 .08.2021

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.N.SATHISH KUMAR W.M.P.(MD) No.5517 of 2021 and Review Application (MD) SR No.13993 of 2020 in W.P.(MD) No.5945 of 2010 1.Tamil Nadu Vivasayikal Sangam, Rep. By its Secretary - Kannan, S/o Thangamuthu, Bharathiyar Nagar, Jeyamangalam Post, Periyakulam Taluk, 2.Thangaraj 3.Muthaiyan 4.Mahendran 5.Muniyandi 6.Ravi 7.Thangamani 8.Murugan 9.David 10.Puyal Mannan ... Petitioners in W.M.P. And Applicants in unnumbered Review Application/3rd Parties .. Vs ..

1.The Chief Secretary, State of Tamil Nadu, Secretariat, Chennai.

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2.The Principal Secretary to Government, Department of Forest and Environment, Secretariat, Chennai.

3.The Chief Conservator of Forest, No.1, Geenis Road, Panagal Palace, Saidapet, Chennai.

4.The District Collector, Theni District, Theni.

5.The District Forest Officer, 6.The Forest Settlement Officer, Megamalai Forest Block, Andipatti Taluk, Theni District. ...Respondents/1 to 6 Respondents/ 1 to 6 Respondents 7.Thangathamizhselvan ...7th respondent/7th Respondent/Writ Petitioner ... Respondents in W.M.P.(MD) and respondents in Review Application Prayer in W.M.P.(MD) No.5517 of 2021:- Miscellaneous Petition filed under Article 226 of The Constitution of India, praying to condone the delay of 461 days in filing the Review Application. Prayer in Review Application SR No.13993 of 2020:- Application filed under Rule 114 of Code of Civil Procedure and Order XLVII and Rule 1 and 2 of Code of Civil Procedure, praying to review the order dated 29.10.2018 in W.P.(MD) No.5945 of 2010 on the file of the Madurai Bench of Madras High Court.

Prayer in WP(MD). 5945/ 2010 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a WRIT OF CERTIORARI, calling for the records of the 2nd Respondent in G.O.Ms.No.118, Environment and Forest (FR-14) 9th September 2009, II (2)EF/611/2009 under Section 16 of the Tamil Nadu Forest Act 1882 and quash the same.

For Petitioner : Mr.Ajmal Khan, Senior Counsel for Mr.A.Haja Mohideen 2/4

COMMON ORDER [Order of the Court was made by M.M.SUNDRESH,J.] Seeking to condone the delay of 461 days in filing the Review Application against the order dated 29.10.2018 in W.P.(MD) No.5945 of 2020 on the file of the Madurai Bench of Madras High Court, W.M.P.(MD) No.5517 of 2021 has been filed.

2. Though we are inclined to condone the delay, in view of the submission made by the learned senior counsel appearing for the petitioner, the miscellaneous petition stands closed, however, giving liberty to the petitioners to agitate their rights in the pending writ petitions. Consequently, Review Application stands rejected.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) Kmk TO 1.The Chief Secretary, State of Tamil Nadu, Secretariat, Chennai.

2.The Principal Secretary to Government, Department of Forest and Environment, Secretariat, Chennai.

3.The Chief Conservator of Forest, No.1, Geenis Road, Panagal Palace, Saidapet, Chennai.

4.The District Collector, Theni District, Theni.

5.The District Forest Officer, 3/4

6.The Forest Settlement Officer, Megamalai Forest Block, Andipatti Taluk, W.M.P.(MD) No.5517 of 2020 and Review Application (MD) SR No.13993 of 25..08..2021 PS(CO) KB(08.11.2021) 4P 7C 4/4