K.Sabarimalai v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and WMP(MD) Nos.5836 and 5838 of 2025 K.Sabarimalai : Petitioner Vs.
1. The District Collector, Tenkasi District, Tenkasi.
2. The Revenue Divisional Officer, Sankarankovil Division, Sankarankovil,
3. The Tahsildar,
4. The Forest Range Officer, Sivagiri Forest Range,
5. The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), 1/5
: Respondents P RAYER:
Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records, pertaining to the impugned order passed by the 4th respondent, the Forest Range Officer, Sivagiri by his proceedings vide No.Na.Ka.No. 161, dated 06.12.2022 and quash the same and pass direction to these respondents 1,2,3 and 5 to intimate in writing, as to where the prohibited distance ends and where the petitioners land and his brick kiln is located, in S.No.919/2, in Viswanathaperi Village, Sivagiri Taluk, Tenkasi District and thereby allow this petitioner to get on with his brick kiln activities, as usual, within a time frame fixed by Court.
For Petitioners : Mr.F.X.Eugene For Respondents : Mr.J.K.Jayaselan Government Advocate for R1 to R4 Mr.S.Deenadhayalan for R5
O R D E R
This writ petition has been filed challenging the impugned order dated 06.12.2022 passed by the fourth respondent and seeking a consequential direction to the respondents 1, 2, 3 and 5 to provide written clarification regarding the boundaries of the prohibited distance 2/5
and location of the petitioner's land and brick kiln in S.No. 919/2, Viswanathaperi Village, Sivagiri Taluk, Tenkasi District and to allow the petitioner to resume his brick kiln activities.
2. When the matter was taken up for hearing today, the learned Government Advocate, on instructions, submitted that a civil suit seeking the same relief as prayed for in this writ petition is currently pending before the competent civil court.
3. Recording the said submission, this Writ Petition is closed granting liberty to the petitioner to pursue the civil suit before the concerned civil Court. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 20.03.2025 Index : Yes / No Internet : Yes / No PKN 3/5
To
1. The District Collector, Tenkasi District, Tenkasi.
2. The Revenue Divisional Officer, Sankarankovil Division, Sankarankovil,
3. The Tahsildar,
4. The Forest Range Officer, Sivagiri Forest Range,
5. The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), 4/5
VIVEK KUMAR SINGH, J.
PKN W.P.(MD) No.7692 of 2025 20.03.2025 5/5