Poomporai Vadivel A v. The District Forest Officer Cum Conservator Of Forest

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH A.Poomporai Vadivel ... Petitioner -vs1.The District Forest Officer cum Conservator of Forest, Madurai Division, Race Course Road, Madurai - 625 002.

2.The Revenue Divisional Officer, Office of RDO, Peraiyur Main Road, Usilampatti Taluk, Madurai - 625 532.

3.The Assistant Director of Geology and Mining, 4th Floor, District Collectorate, Madurai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1, 2 and 3 to consider and pass orders on the petitioner's representation seeking grant of NOC within the time that may be stipulated by this Court.

For Petitioner : Mr.M.Mahaboob Athiff For Respondents : Mr.C.Venkatesh Kumar Special Government Pleader

ORDER

This Writ Petition has been filed seeking a direction to the respondents 1 to 3 to consider and pass orders on the petitioner's representation seeking grant of NOC.

2. Heard both sides. With the consent of both sides, this Writ Petition is disposed of, at the admission stage itself.

3. The petitioner submits that he is the owner of 3.16 acres of land in Survey No.113/2A, 113/2B, and 113/3, Peraiyur Bit-1 Revenue Village, Madurai [Patta No.3549] and he is in complete possession and enjoyment of the property. He intends to develop the land as a layout, but requires clearance from the Hill Area Conservation Authority (HACA), which necessitates obtaining NOCs from the Forest and Revenue Departments. The petitioner applied for the forest NOC on 08.02.2025 and for the HACA clearance on 22.01.2025. Despite the applications being received, no final orders have been passed for over two months. As the e-generated HACA clearance portal would lapse every three months, the petitioner has come forward with the present Writ Petition for the relief stated supra.

4. Heard both sides.

5. Considering the facts and circumstances of the case, there shall be a direction to the third respondent to consider the case of the petitioner, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, as well as all other persons, who may be interested in the subject matter, within a period of one month from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the concerned respondents to consider the same on its own merits.

6. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.

NCC : Yes / No 04.04.2025 Index : Yes / No smn2 To:- 1.The District Forest Officer cum Conservator of Forest, Madurai Division, Race Course Road, Madurai - 625 002.

2.The Revenue Divisional Officer, Office of RDO, Peraiyur Main Road, Usilampatti Taluk, Madurai - 625 532.

3.The Assistant Director of Geology and Mining, 4th Floor, District Collectorate, Madurai.

VIVEK KUMAR SINGH , J.

smn2 04.04.2025