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Madras High CourtWP(MD)/13905/2020disposed of

M.Paulpandi v. The District Collector

2026-03-23Honourable Mr Justice G.R.Swaminathan,Honourable Ms.Justice R. Poornima5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.03.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA and W.M.P(MD)Nos.11552 to 11554 of 2020 M.Paulpandi ... Petitioner Vs.

1.The District Collector, Dindigul, Dindigul District.

2.The District Forest Officer, O/o.The District Forest Officer, Dindigul, Dindigul District.

3.The Forest Range Officer, Devadhanapatti Forest Range, Devadanapatti, Kodaikanal Wildlife Division, Kodaikanal, Dindigul District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for records pertaining to 1/5

the impugned order in Na.Ka.No.126/2017 dated 05.08.2020 on the file of the respondent no.3 quash the same as illegal and consequently forbear the respondents 1 to 3 from evicting the petitioner from his building in an extent of 1 cent near Dumdum parai, Devadanampatti village, Periyakulam Taluk, Theni District.

For Petitioner : Mr.Mahaboob Fazil for M/s.Roy & Roy Associates For Respondents : Mr.G.V.Vairam Santhosh Additional Government Advocate

ORDER

(Order of the Court was made by G.R.Swaminathan J.) Vide notice dated 05.08.2020, the Forest Ranger, Devadanapatti Forest Range, Devadanapatti, has called upon the petitioner to remove the petition mentioned construction, which appears to have been put up on a forest land.

2.It is true that under Section 68-A of the Tamil Nadu Forest Act, 1882, notice has to be given before evicting a person. The petitioner was issued with one such notice way back in the year 1997. Challenging the same, the petitioner filed OS No.242 of 1997 on the file of the District Munsif Court, Kodaikanal, seeking the relief of injunction. The suit was 2/5

dismissed. Aggrieved by the same, he filed first appeal. It was also dismissed. Challenging the same, the petitioner filed S.A(MD)No.848 of 2014. It was also dismissed for default on 04.02.2026. The learned counsel appearing for the petitioner states that steps have been taken to have the second appeal restored.

3.The petitioner cannot ride two horses. Either he must pursue the civil suit proceedings or file a writ petition. He cannot travel in both. Since vide notice dated 05.08.2020, the petitioner has only been called upon to offer his explanation, we do not find any ground to interfere. 4.This Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. [G.R.S., J.] [R.P, J.] 23.03.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No MGA 3/5

To 1.The District Collector, Dindigul, Dindigul District.

2.The District Forest Officer, O/o.The District Forest Officer, Dindigul, Dindigul District.

3.The Forest Range Officer, Devadhanapatti Forest Range, Devadanapatti, Kodaikanal Wildlife Division, Kodaikanal, Dindigul District.

4/5

G.R.SWAMINATHAN, J.

AND R.POORNIMA , J.

MGA 23.03.2026 5/5