Mr.T.P.David Dhas, v. The Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No. 11887 of 2017 T.P.David Dhas .. Petitioner Vs.

1. The Government of Tamil Nadu, Represented by its Principal Secretary, Department of Environment and Forests Department, Secretariat, Chennai-9.

2. The Principal Chief Conservator of Forest, Department of Forest, Pangal Maligai, Saidapet, Chennai-15.

3. The District Collector cum Chairman of District Forest Committee, Office of the District Collectorate, Kanyakumari District.

4. Vismiju Viswanathan, The District Forest Officer, Kanyakumari Division, Nagercoil, Kanyakumari District.

5. Srivalson, Forest Range Officer, Kaliyal Forest Range Office, Kaliyal Post, Kanyakumari District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent Nos.1 to 3 to take action to prosecute respondent Nos. 4 and 5 and impose penalty Under Section 10 of Tamil Nadu Preservation of Private Forest Act 1961 within the time frame stipulated by this Court.

For Petitioner : Mr.J.Pandi Dorai For Respondent Nos.1 to 3 : Mr.M.Govindan Special Government Pleader For Respondents No.4 : Mr.G.V.Vairam Santhosh For Respondents No.5 : Mr.K.P.Krishnadoss

O R D E R

*********** [Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petitioner seeks action to be taken against the respondents 4 and 5 herein. The writ petitioner has already submitted a representation dated 04.04.2017 in this regard. The second respondent is the competent authority. The allegations are serious. It is alleged that trees had been allowed to be cut in violation of statutory provisions.

2. Therefore, the second respondent is directed to dispose of the representation submitted by the writ petitioner within a period of three months from the date of receipt of a copy of this order. The second respondent shall of course issue notice to the respondents 4 and 5 herein, before passing final orders. The second respondent shall also inform the writ petitioner of the decision taken by him.

3. This writ petition stands disposed of. No costs. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To:

1. The Principal Secretary, Department of Environment and Forests Department, Secretariat, Chennai-9.

2. The Principal Chief Conservator of Forest, Department of Forest, Pangal Maligai, Saidapet, Chennai-15.

3. The District Collector cum Chairman of District Forest Committee, Office of the District Collectorate, Kanyakumari District.

+1cc to Mr.J.Pandi Dorai, Advocate in SR.No.71050 +1cc to The Special Government Pleader in SR.No.71493 rmk/das AE/KK/SAR4/30.08.2017/3P/6C ORDER MADE IN W.P.(MD)No. 11887 of 2017 07.08.2017