Madras High CourtWP(MD)/10069/2021dismissed

Kasirajan.M v. The Additional Chief Secretary To Government

2021-06-14Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice S.Ananthi (Retd.)4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI M.Kasirajan : Petitioner Vs.

1.The Additional Chief Secretary to Government, Environment and Forest Department, Secretariat, Chennai - 9.

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

3.The Deputy Conservator of Forests (Protection), Office of the Principal Chief Conservator of Forest, Chennai - 15.

4.The Chief Conservator of Forests, Chennai Circle, 259, Anna Salai, DMS Compound, 3rd Floor, Teynampet, Chennai - 6.

5.The District Collector Theni District, Theni.

6.The Conservator of Forest Theni District, Theni.

7.The District Forest Officer, Theni District, Theni.

: Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus directing the 1/4

respondents to take steps to extend the width of the road from 1 meter to 3 meter, from Vellimalai to Boomarajapuram to the distance of 4 Kilometers connecting all the hamlets of Boomarajpuram Village, Megamalai Panchayat, Aandipatti Taluk, Theni District to enable free movements of the forest dwellers as per the recommendation of the first respondent Letter No.16451/FR14/03-1, dated 06.07.2005 and provide the same by considering the petitioner's representation, dated 26.03.2021. For Petitioner : Mr.A.Haja Mohideen For Respondents : Mr.A.K.Manickam, Standing Counsel for Government

O R D E R

********** [Order of the Court was made by T.S.SIVAGNANAM, J.] We have heard Mr.A.Haja Mohideen, learned counsel appearing for the petitioner, Mr.A.K.Manickam, learned Standing Counsel for Government appearing for the respondents.

2. This writ petition has been filed as a "Public Interest Litigation" to take steps to extend the width of the road from 1 meter to 3 meter, from Vellimalai to Boomarajapuram to a distance of 4 Kilometers connecting all the hamlets of Boomarajpuram Village, Megamalai Panchayat, Aandipatti Taluk, Theni District to enable free movements of the forest dwellers as per the recommendation of the 1st respondent Letter No.16451/FR14/03-1, dated 06.07.2005 and provide the same by considering the petitioner's representation, dated 26.03.2021. 3.Mr.A.K.Manickam, learned Standing Counsel for Government appearing for the respondents, on instructions, submitted that the petitioner and others are all encroachers in the area that has been declared as a "Tiger Sanctuary". This issue pertains to a "Tiger Reserve".

4.The learned counsel for the petitioner submitted that already proceedings have been issued to form a road, to help the inhabitants.

5.In our considered view, the area has been declared as a "Tiger Sanctuary" and we do not propose to issue any direction, that too, in a "Public Interest Litigation", which may have far reaching consequences.

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6.Therefore, this writ petition is dismissed. However, it will be open to the individuals, who state that they have got right to approach the authorities. No costs. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) RM Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Additional Chief Secretary to Government, Environment and Forest Department, Secretariat, Chennai - 9.