Madras High CourtWP(MD)/700/2015dismissed

P.Rajendran, v. The Chairman Of The District

2015-07-22Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 22.07.2015

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.700 of 2015 and M.P.(MD).Nos.1 & 2 of 2015 P.Rajendran ..Petitioner Vs 1.The Chairman of the District Hill Areas (Preservation of Trees) Committee/ District Collector, Dindigul District, Dindigul. 2.The District Forest Officer, Dindigul District, Dindigul.

3.P.Gopi ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records relating to the impugned proceedings issued by the 1st respondent herein in Na.ka.No. E3/66749/05 dated 23.12.2014 quash the same and pass such further or other suitable order.

For Petitioner :Mr.E.V.N.Siva For Respondents :Mr.K.P.Krishnadoss Government Advocate for RR-1 & 2 Mr.V.R.Venkatesan for R-3

ORDER

The writ petition has been filed for issuance of Writ of Certiorari calling for the records relating to the impugned proceedings issued by the 1st respondent herein in Na.ka.No. E3/66749/05 dated 23.12.2014 quash the same and pass such further or other suitable order.

2. A perusal of the affidavit filed in support this petition, this Court is of the view that the disputed question of fact raised in this writ petition cannot be decided by way of this writ petition. The remedy sought for by the petitioner can be granted only by a Civil Court. Hence, the petitioner is directed to approach the appropriate civil forum. 3.Accordingly, this writ petition is dismissed with liberty given to the petitioner to approach the appropriate Civil Court. There is no order as to costs. Consequently, connected miscellaneous petitions are also dismissed.

Sd/- Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ /True Copy/ Sub Assistant Registrar

To 1.The Chairman of the District Hill Areas (Preservation of Trees) Committee/ District Collector, Dindigul District, Dindigul.

2.The District Forest Officer, Dindigul District, Dindigul.

+1cc to M/S.E.V.N.SIVA, Advocate in SR.No 40844 +1cc to M/S. V.R.VENKATESAN, Advocate in SR.No 41453 +1cc to Special Government Pleader in SR.No. 40871. TS/28.07.2015/2P - 6C W.P(MD)No.700 of 2015 22.07.2015 https://hcservices.ecourts.gov.in/hcservices/