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Madras High CourtWP(MD)/3101/2015allowed

B.Allah Baksh, v. The Principal Chief Conserva-

2018-02-02Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.3101 of 2015 and MP(MD)Nos.2 & 3 of 2015 and WMP(MD)No.17873 of 2017 B.Allah Baksh ... Petitioner Vs.

1.The Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai - 15.

2.The Conservator of Forests, Dindigul Circle, Dindigul District.

3.The District Forest Officer, Chief Plantation Project, Karur.

... Respondents Prayer: These writ petitions are filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the first respondent's impugned order in Ref.No.LL2/27421/2014 dated 09.12.2014 and quash the same and consequently direct the first respondent to appoint the petitioner as Forest Watcher.

For petitioner : Mr.V.A.Samaya Vasu For Respondents : Mr.J.Gunaseelan Muthaiah, Additional Government Pleader

O R D E R

The petitioner was recruited as a Plot Watcher on 01.07.1987 on a temporary basis. The petitioner was subsequently granted appointment as Forest Watcher on 01.12.2014. But, by the impugned order, dated 09.12.2014, the said appointment order was cancelled. Before cancelling the earlier appointment order, the petitioner was not put on notice.

https://hcservices.ecourts.gov.in/hcservices/ 2.On the ground of violation of principle of natural justice,

the order impugned in this writ petition is quashed. The first respondent is directed to consider the case of the petitioner and pass fresh orders in accordance with law.

3.The learned counsel appearing for the petitioner would submit that persons who were appointed as Plot Watcher later in point of time have since been appointed as Forest Watcher. He would also making a reference to the order dated 31.10.1991 made in O.A.No.3890 of 1990 on the file of the Tamil Nadu Administrative Tribunal, Madurai. The first respondent shall take into account all these aspects and pass appropriate orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

4.This writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar To 1.The Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai - 15.

2.The Conservator of Forests, Dindigul Circle, Dindigul District.

3.The District Forest Officer, Chief Plantation Project, Karur.

+1CC to Mr.K.Kevin Karan Advocate in SR.No.46048. +1CC to Special Government Pleader in SR.No.46554. SKM DS/SB/SAR-4 : 09.07.2018: 2P/7C W.P.(MD)No.3101 of 2015 and MP(MD)Nos.2 & 3 of 2015 and WMP(MD)No.17873 of 2017 02.02.2018 https://hcservices.ecourts.gov.in/hcservices/