Madras High CourtWP(MD)/1962/2018disposed of

K.V.Shanmuga Solagar, v. The District Forest Officer,

2024-06-07Honourable Mr Justice C. Saravanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) No.2211 of 2018 K.V.Shanmuga Solagar ... Petitioner Vs.

1.The District Forest Officer, Thanjavur Division, 2.The District Collector, Thanjavur District, 3.The Tahsildar, 4.The Village Administrative Officer, 43, Karuppur, 1/5

5.The Taluk Surveyor, Taluk Surveyor Office, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, direct the 1st respondent to delete the serial numbers 2959, 2960, 2961 and 2962 wrongly assigned to the 4 teak trees of the petitioner situated in Survey Nos.85/1B2 and 85/3B respectively at 43, Karuppur Village, Thiruvaiyaru Taluk, Thanjavur.

For petitioner : Mr.S.Bharathy Kannan For respondents : Mr.S.P.Maharajan Special Government Pleader *****

ORDER

Having considered the submissions made by the learned counsel for the petitioner and the learned Special Government Pleader for the respondents, the Court is of the view that the present Writ Petition for the relief sought for directing the first respondent to delete the serial numbers 2959, 2960, 2961 and 2962 wrongly assigned to the 4 teak trees of the petitioner situated in Survey Nos. 85/1B2 and 85/3B respectively at 43, Karuppur Village, Thiruvaiyaru Taluk, Thanjavur, is not maintainable.

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2. It is open to the petitioner to recover the proportionate cost from the Forest Department, if the petitioner is able to establish that the trees, that was planted on the petitioner's land, was actually planted by the petitioner's grand father namely, Ramasamy Solagar.

3. This Writ Petition is disposed of by giving liberty to the Forest Department to cut the trees and to dispose the same as per the regulations applicable to them. It is also open to the petitioner to file a suit to recover the proportionate value from the respondents by filing a suit before the appropriate Court of civil jurisdiction. No costs. Consequently, connected miscellaneous petition is closed.

Index : Yes / No 07.06.2024 Internet : Yes / No apd To 1.The District Forest Officer, Thanjavur Division, 3/5

2.The District Collector, Thanjavur District, 3.The Tahsildar, 4.The Village Administrative Officer, 43, Karuppur, 5.The Taluk Surveyor, Taluk Surveyor Office, 4/5

C.SARAVANAN, J.

apd 07.06.2024 5/5