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Madras High CourtWP(MD)/10768/2023disposed of

R.Nachiyappan v. The District Forest Officer

2023-06-19Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2023

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA and W.M.P.(MD) No.9475 of 2023 R.Nachiyappan ... Petitioner /vs./ 1.The District Forest Officer, Sivagangai Division, 18, Master Plan Complex, Sivagangai 623 569.

2.The Zonal Officer, Tamil Nadu Forest Plantation Corporation Ltd., 73, College Road, Karaikudi, Sivagangai 630 001.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents not to interfere with the petitioner's peaceful possession and enjoyment of the land in No.56 for an extent of 10 acres situated at Kodikulam Village, Siruganoor Group, Sivagangai District under the control of the first respondent.

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For Petitioner : Mr.J.Anandkumar For Respondents : Mr.S.Shanmugavel Additional Government Pleader

ORDER

The above writ petition is filed for the issue of a Writ of Mandamus directing the respondents not to interfere with the petitioner's peaceful possession and enjoyment of the land in S.No.56, measuring an extent of 10 acres, at Kodikulam Village, Siruganoor Group, Sivagangai District. 2.Today, when the matter had come up, it is informed by the learned Additional Government Pleader for the respondents that in a connected proceeding, where the very same issue was involved, the Government has filed an appeal before the Joint Commissioner, Excise, Sivagangai. 3.Considering the above, this Writ Petition without going into the merits of the case is disposed of with a direction that the petitioner's possession will not be disturbed till the disposal of the appeal (wherein the petitioner is also a party) by the Joint Commissioner, Excise, Sivagangai. The Joint Commissioner, Excise, Sivagangai is directed to dispose of the appeal within a period of 8 weeks from 2/4

the date of receipt of a copy of this order. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. Speaking : Yes / No 19.06.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The District Forest Officer, Sivagangai Division, 18, Master Plan Complex, Sivagangai 623 569.

2.The Zonal Officer, Tamil Nadu Forest Plantation Corporation Ltd., 73, College Road, Karaikudi, Sivagangai 630 001.

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P.T.ASHA, J.

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