Jegan V v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MRS.JUSTICE R.HEMALATHA and W.M.P.(MD) No.8819 of 2022 V.Jegan ....Petitioner Vs.

1.The Secretary Ministry of Environment Forest and Climate Change, Indira Paryavaran Bhawan, Jorbagh Road, New Delhi - 110 003.

2.The Secretary Adi Dravida Welfare Department, Secretariat Campus, Chennai - 600 001.

3.The District Collector Kanyakumari District.

4.The District Forest Officer Office of the District Forest Officer, Kanyakumari Zone, Nagercoil, Kanyakumari District.

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5.The Executive Engineer Public Works Department, Office of the Executive Engineer, Nagercoil, Kanyakumari District.

6.The Revenue Divisional Officer, Office of the Revenue Divisional Officer Nagercoil, Kanyakumari District.

7.The Thasildhar Office of the Thasildhar, Agasteeswaram, Kanyakumari District.

8.The Executive Officer Alagappapuram Town Panchayat, 1st Grade Town Panchayat Office, Alagapapuram - 629 401, Kanyakumari District.

9.Pechiyammal 10.Prema 11.Kavitha 12.Selvi 13.Sarojini 14.Sugumaran 15.Maniammal 16.Ravikumar 17.Nesapackiam 18.Kannagi 2/7

19.Shenbagavalli 20.Kani 21.Devika ....Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 8 to demolish the construction made by respondents 9 to 21 in S.Nos.36/2, 3A-3D, 36/2, 3-3D at Alagappapuram Revenue Village, Alagappapuram Townn Panchayat.

For Petitioner : Mr.R.Murali, for Mr.K.Govindarajan For Respondents : Mr.SRA.Ramachandran - R2 to R8 Additional Government Pleader : Mr.V.S.Karthick, - R1 Central Government Standing Counsel

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] Alleging that respondents 9 to 21 are putting up constructions in Survey Nos.36/2, 3A-3D, 36/2, 3-3D at Alagappapuram Revenue 3/7

Village, in a Reserved Forest, the present Public Interest Litigation has been filed for a direction to the respondents 1 to 8 to remove the same. 2.Today, Mrs.G.Radhamani, Executive Officer, Alagappapuram Town Panchayat, is present before this Court.

3. On instructions, Mr.SRA.Ramachandran, learned Additional Government Pleader appearing for the respondents 2 to 8 produced the Gazette Notification, dated 07.01.2000, by which, the lands in Survey Nos.36/2, 3A-3D, 36/2, 3-3D at Alagappapuram Revenue Village, were acquired from individual patta holders under the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978, and those lands are now being distributed to respondents 9 to 21 who are Dalits. Some of them have even constructed houses with the funds provided by the Prime Minister's Housing Scheme.

4. Learned Additional Government Pleader appearing for respondents 2 to 8 submitted that the said area has not yet been declared as a Reserved Forest and only a proposal is pending with the 4/7

Government.

5. In such view of the matter, we find no merit in this writ petition.

6. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

[P.N.P.,J.] & [R.H.,J.] 27.06.2022 Index : Yes/No Internet : Yes/No RM To 1.The Secretary Ministry of Environment Forest and Climate Change, Indira Paryavaran Bhawan, Jorbagh Road, New Delhi - 110 003.

2.The Secretary Adi Dravida Welfare Department, Secretariat Campus, 5/7

Chennai - 600 001.

3.The District Collector Kanyakumari District.

4.The District Forest Officer Office of the District Forest Officer, Kanyakumari Zone, Nagercoil, Kanyakumari District.

5.The Executive Engineer Public Works Department, Office of the Executive Engineer, Nagercoil, Kanyakumari District.

6.The Revenue Divisional Officer, Office of the Revenue Divisional Officer Nagercoil, Kanyakumari District.

7.The Thasildhar Office of the Thasildhar, Agasteeswaram, Kanyakumari District.

8.The Executive Officer Alagappapuram Town Panchayat, 1st Grade Town Panchayat Office, Alagapapuram - 629 401, Kanyakumari District.

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P.N.PRAKASH, J.

and R.HEMALATHA, J.

RM ORDER MADE IN 27.06.2022 7/7