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Madras High CourtWA(MD)/2108/2021disposed of

Bagavathi Saw Mills, v. The State Of Tamilnadu,

2025-02-18Honourable Mr Justice G.R.Swaminathan,Honourable Mr.Justice M.Jothiraman4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.A(MD)No.2108 of 2021 and C.M.P(MD)Nos.9705, 9707 of 2021 & 257 of 2022 M/s.Bagavathi Saw Mills, Represented by its Managing Partner, H.Sankar, S/o.H.K.Patel, Sooleswaranpatti Village and Post, 3-Kottur Road, Pollachi, Coimbatore District - 624 006.

... Appellant / Petitioner / Petitioner Vs.

1.The State represented by The Secretary, Environment and Forest Department, Chennai.

2.The District Collector, Dindigul District, Dindigul.

3.The District Forest Officer, Kodaikanal Division, Kodaikanal, Dindigul District.

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4.The Tahsildar, Pollachi, Coimbatore District.

... Respondents / Respondents / Respondents Prayer: Writ Appeal filed under Clause 15 of Letters Patent Act to set aside the order passed in W.P(MD)No.19458 of 2021 and W.M.P(MD)No.16173 of 2021 dated 28.10.2021 on the file of this Court. For Appellant : Mr.S.Rajasekar For Respondents : Mr.K.Balasubramani Special Government Pleader

JUDGMENT

Heard both sides.

2.The appellant herein filed the writ petition questioning the recovery action taken by the Government under the provisions of the Tamil Nadu Revenue Recovery Act, 1964. Interim order was granted on condition. Aggrieved by the imposition of condition to deposit 50% of the demanded amount, this Writ Appeal came to be filed. 3.The matter was listed for admission. Interim stay was granted. The appellant had been enjoying the interim order till date. 2/4

4.We are therefore of the view that the status quo can continue till the disposal of the writ petition. The learned single Judge is requested to expeditiously give a disposal to the writ petition. 5.This Writ Appeal is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. [G.R.S., J.] [M.J.R., J.] 18.02.2025 1/2 NCC : Yes / No Index : Yes / No Internet : Yes/ No MGA To 1.The Secretary, Environment and Forest Department, Chennai.

2.The District Collector, Dindigul District, Dindigul.

3.The District Forest Officer, Kodaikanal Division, Kodaikanal, Dindigul District.

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G.R.SWAMINATHAN,J.

AND M.JOTHIRAMAN , J.

MGA 4.The Tahsildar, Pollachi, Coimbatore District.

W.A(MD)No.2108 of 2021 18.02.2025 1/2 4/4