Kn.Kaliyappan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2025 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and CMP(MD)Nos.4366 and 4367 of 2025 KN.Kaliyappan ... Appellant vs.

1. The District Collector, Sivagangai District, Sivagangai.

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

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

4. The Tahsildar, Kalaiyarkovil Taluk,

5. The District Forest Officer, Sivagangai Forest Division, 1/6

6. S.Muthuraman ... Respondents PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent, against the order dated 07.03.2025 made in W.P(MD)No.6193 of 2025.

For Appellant : Mr.Pon Karthikeyan for Mr.A.Mohan For R1 to R5 : Mr.M.Sarangan Additional Government Pleader

JUDGMENT

(Judgment of the Court was made by J.NISHA BANU, J.) This writ appeal is filed against the order dated 07.03.2025 made in W.P(MD)No.6193 of 2025.

2.

The case of the appellant is that he and his brothers owned 8.08 acres of land in S.No.226, Meppal Village, Kollangudi Revenue Village, Kalaiyarkovil Taluk. By order dated 24.02.2025 of the 5th respondent, the 6th respondent was permitted to cut down the Karuvelam trees located in S.No.226. The 6th respondent under the guise of the said order, unlawfully entered into the petitioner's property in 2/6

S.No.226 and attempted to cut down trees situated therein. Hence, the petitioner filed the writ petition challenging the said cutting order with a consequential direction to the respondents 1 to 5, to identify the trees within Meppal Kanmai and earmark the boundaries of the said Meppal Kanmai.

3.

The Writ Court by impugned order dated 07.03.2025, has disposed of the said writ petition with the following direction: ''6. For the foregoing reasons, this Court directs the petitioner to submit a fresh representation to the first respondent, seeking to identify the trees within Meppal Kanmai and earmark the boundaries of the said Meppal Kanmai in Survey No.225, Meppal Village, Kollangudi Revenue Village, Kalaiyarkovil Taluk, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the said representation, the first respondent shall pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner, within a period of three weeks, thereafter.'' 4.

Today, when the writ petition was taken up for hearing, the learned Additional Government Pleader appearing for the respondents, 3/6

has produced the proceedings of the 4th respondent in Na.Ka.A1/654/2025 dated 19.03.2025 and the relevant extract of A Register and submitted that the entire extent of land in Survey No.226 is classified as Meppal Kanmai in the revenue records. He further submitted that pursuant to the order passed by the Writ Court, four boundaries of Meppal Kanmai in Survey No.226 as per the revenue records, were surveyed on 19.03.2025 in the presence of the petitioner, District Forest Officer, Sivagangai Forest Division and the Village Administrative Officer and it was also shown that the said kanmai is being maintained as such along with the trees therein and it is not in possession and enjoyment by any one. The appellant has also acknowledged such survey report.

4.

Since A Register in respect of S.Nos.225 and 226 classifies the lands therein as Government poramboke - Meppal Kanmai, the petitioner has to work out his remedy before the competent civil court in respect of his property at S.No.226.

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5.

Thus, recording the abovesaid submission made by the learned Additional Government Pleader, this Writ Appeal is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. [J.N.B, J.] [S.S.Y, J.] 20.03.2025 Index : Yes / No bala To

1. The District Collector, Sivagangai District, Sivagangai.

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

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

4. The Tahsildar, Kalaiyarkovil Taluk, 5/6

J.NISHA BANU, J.

AND S.SRIMATHY, J.

bala

5. The District Forest Officer, Sivagangai Forest Division, JUDGMENT MADE IN DATED : 20.03.2025 6/6