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Madras High CourtWP(MD)/6906/2017disposed of

S.Gurumoorthy, v. The Chief Conservator Of

2017-07-07Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.6906 of 2017 S.Gurumoorthy

...Petitioner

Vs.

1.The Chief Conservator of Forest, Tiger Reserve, N.G.O. 'A' Colony, Tirunelveli - 7.

2.The Deputy Director/Wildlife Warden, Tiger Reserve, Ambasamudram Division, Ambasamudram Taluk, Tirunelveli District.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 04.02.2017 and award compensation for the loss of crops as determined by the Deputy Agriculture Officer, Ambasamudram as per G.O.Ms.No.98, Environment and Forest (FR 5) Department dated 17.08.2011.

For Petitioner : Mr.H.Arumugam For Respondents : Mr.S.Kumar, Additional Government Pleader

ORDER

This writ petition has been filed to direct the 1st respondent to consider the petitioner's representation dated 04.02.2017 and award compensation for the loss of crops as determined by the Deputy Agriculture Officer, Ambasamudram as per G.O.Ms.No.98, Environment and Forest (FR 5) Department dated 17.08.2011.

2.The case of the petitioner as culled out from the affidavit, is as follows:

(i)The petitioner is an agriculturist having lands at South Pappakulam Village, Ambasamudram Taluk, Tirunelveli District, which are located under the Western Ghats. The petitioner has cultivated cucumber and pumpkin in his lands measuring 4.22 acres in Survey No.195/2 in the aforesaid village.

(ii)The grievance of the petitioner is that wild animals

like, wild mila, hog and porcupine entered into his field and caused extensive damage. According to him, the Deputy Agricultural Officer, Ambasamudram, assessed the damage at Rs.8,400/- (Rupees eight thousand and four hundred only) to the crops in an extent of 0.20 acres and Rs.16,800/- (Rupees sixteen thousand and eight hundred only) in respect of 0.40 acres.

(iii)Though such assessments were made, the petitioner has not been paid compensation as provided under G.O.Ms.No.98, Environment and Forests (FR 5) Department, dated 17.08.2011. To say, he was not compensated towards the actual loss as assessed by the concerned officer and also as per the said G.O. (iv)According to the petitioner, he was paid only Rs.3,500/- (Rupees three thousand and five hundred only) in respect of the aforesaid two losses for which assessment was made by the Deputy Agricultural Officer, Ambasamudram. Hence, he made a representation dated 04.02.2017 to the 1st respondent herein to pay him the compensation, in the light of the assessment made by the Deputy Agricultural Officer, Ambasamudram, and also in the light of G.O.Ms.No.98, Environment and Forests (FR 5) Department, dated 17.08.2011, within a time frame. Since no response is forthcoming, the present writ petition is filed.

3.Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents. 4.It is seen that the representation of the petitioner for compensation for having met with damage to his agricultural products by the wild animals has not been considered so far. 5.Now, the learned counsel appearing for the petitioner restricts his prayer for consideration of the said representation on the basis of the report submitted by the competent authority as well as in consideration of all the materials submitted by the petitioner.

6.In view of the limited prayer made, the first respondent is directed to consider the representation of the petitioner, dated 04.02.2017, in the light of the assessment of damages made by the Deputy Agricultural Officer and G.O.Ms.No.98 and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

7.This writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar

To 1.The Chief Conservator of Forest, Tiger Reserve, N.G.O. 'A' Colony, Tirunelveli - 7.

2.The Deputy Director/Wildlife Warden, Tiger Reserve, Ambasamudram Division, Ambasamudram Taluk, Tirunelveli District.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No.64411 +1cc to M/s. H.ARUMUGAM Advocate in SR. No.64279 GK/SMN JS/KKR/MR/SAR.3/18.7.2017/3P-5C WP(MD)No.6906 of 2017 07.07.2017