Madras High CourtWP(MD)/15730/2025dismissed

S.Jeyaraj v. State Of Tamil Nadu

2025-06-11Honourable Mr Justice S.M. Subramaniam,Honourable Dr.Justice A.D.Maria Clete4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE S.Jeyaraj ... Petitioner Vs.

1. State of Tamil Nadu, Represented by its Secretary to Government, Environment and Forest Department, Fort St.George, Secretariat, Chennai-9.

2. Principal Chief Conservator Of Forest, No.1, Jeenis Salai, Panagal Building, Saidapet, Chennai 600 018.

3. The District Collector, Kanyakumari District, Nagercoil.

4. The District Forest Officer, Kanyakumari District, Nagercoil.

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5. The Tahsildhar, Thovalai Taluk, Boothapandi, Kanyakumari District.

6. The Commissioner, Land Administration Department, 2nd Floor, Ezhilagam, Chepauk, Chennai 600 005.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to take appropriate action to remove the fence in Survey No.39 (4.56.5 hectares) made by the 4th respondent in S.No.39 and remove the checkpost in S.No.24 blocking the road and unauthorised building built by the forest department in Thadikkarankonam, Kanyakumari District within a time frame as fixed by this Court.

For Petitioner : Mr.G.Hari Haran For Respondents : Mr.P.Thilakkumar Government Pleader

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) This writ petition has been instituted to direct the respondents to take appropriate action to remove the fencing.

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2. The learned counsel appearing for the petitioner would submit that the fourth respondent has fenced the land, which has been classified as 'Government Poramboke Kaadu'. Thus, the present writ petition came to be instituted.

3. The learned Government Pleader, on instructions from the Department, would submit that the said location has already been declared as 'Reserved Forest' under the provisions of the Forest Act. Thus, the area is falling under the control of the Forest Department and fencing has been made in order to protect the reserved forest.

4. That being the factum, the petitioner has not established even a semblance of legal right for the purpose of entertaining the writ petition. Consequently, this writ petition stands dismissed. No costs. (S.M.S., J.) & (A.D.M.C., J.) 11.06.2025 NCC : Yes / No Index : Yes / No Sm 3/4

S.M.SUBRAMANIAM, J.

AND DR.A.D.MARIA CLETE, J.

Sm To:-

1. The Secretary to Government, Environment and Forest Department, Fort St.George, Secretariat, Chennai-9.