Madras High CourtWP(MD)/5931/2016dismissed

M.I.Christopher v. The District Forest Officer

2016-10-25Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.5931 of 2016 and W.M.P.(MD).Nos.5264 and 5265 of 2016 M.I.Christopher ... Petitioner Vs.

1.The District Forest Officer, Dindigul Division, Dindigul District.

2.The Forest Range Officer, Oddanchatram Range, Oddanchatram, Dindigul District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified mandamus calling for the records relating to the impugned order issued by the 1st respondent in his proceedings in Se.Mu.Anai.No.4005/2015/M dated 21.09.2015 and quash the same as illegal and consequentially to direct the 1st respondent to consider the reply given by the petitioner to the show cause notice issued by the 1st respondent vide Na.Ka.No.4005/2015/M dated 10.09.2015.

For Petitioner : Mr.Mahaboob Athiff for M/s.Ajmal Associates For Respondents : Mr.K.P.Krishnadoss Government Advocatge

ORDER

Challenging the order passed under Section 49-A of the Tamil Nadu Forest Act, 1882, the present writ petition has been filed.

2.Heard both sides.

https://hcservices.ecourts.gov.in/hcservices/ 3.On perusal of the impugned order, this Court is of the view that against the order passed under Section 49-A of the

TamilNadu Forest Act, an appeal remedy is available under Section 49-B of the Act, before the Sessions Court, having jurisdiction in that area. Without availing such a remedy, the petitioner has filed the present writ petition.

4.In view of the same, the present writ petition is dismissed with liberty to file an appeal before the competent authority. There shall be no order as to costs. Consequently, connected miscellaneous petitions are also dismissed. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The District Forest Officer, Dindigul Division, Dindigul District.

2.The Forest Range Officer, Oddanchatram Range, Oddanchatram, Dindigul District.

3 The Section Officer, ER & VR Section, Madurai Bench of Madras High Court, Madurai +1 cc to M/S.Ajmal Associates SR.No.63787 +1 cc to Special Government Pleader SR.No.64780 W.P(MD)No.5931 of 2016 25.10.2016 SMA/CK/14.11.2016:2P/6C https://hcservices.ecourts.gov.in/hcservices/