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Madras High CourtWP(MD)/24638/2025disposed of

C.Govindharaj v. Tamil Nadu State Bhoodan Yagna Board

2025-10-22Honourable Dr Justice Anita Sumanth,Honourable Mr. Justice C.Kumarappan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.10.2025

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN C.Govindharaj ... Petitioner Vs.

1. Tamil Nadu State Bhoodan Yagna Board, Represented by its Chairman, Secretariat, Chennai - 09.

2. The Commissioner, Land Reforms Department, Ezhilagam, Chepauk, Chennai - 5.

3. The District Collector, Office of the District Collectorate, Theni, Theni District.

4. The Tahsildar, Taluk Office, Andipatty Taluk, Theni District.

5. The Inspector of Police, Ethakovil Police Station, Theni District.

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6. Raja ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 5 forthwith prohibit the 6th respondent from cutting the trees unlawfully in land belonged to 1st respondent in S.No.1835/1 situated at Sithayagoundanpatti Village, Andipatti Taluk, Theni District and consequently direct the respondents to take action against the 6th respondent and to recover the timber wood from him by considering the petitioner's representation dated 24.06.2025 within a time frame fixed by this Court.

For Petitioner : Mr.N.Rajasekar For Respondents : Mr.P.Thilak Kumar (R1 to R4) Government Pleader : Mr.P.Kottaichamy (R5) Government Advocate : Mr.K.Dinesh (R6)

ORDER

(Order of the Court was made by DR.ANITA SUMANTH, J.) The prayer in this Writ Petition is for a Mandamus directing the official respondents to restrain the sixth respondent from cutting tress in the land comprised in Survey No.1835/1, Sithayagoundanpatti Village, 2/6

Andipatti Taluk, Theni District. The petitioner seeks a consequential direction to take action as against R6 and to recover the timber from him. 2.Counters have been filed by the official respondents as well as by R6.

3.As far as counter filed by Tahsildar, Aundipatti/R4 is concerned, he states as follows:

"4.It is humbly submitted that survey was conducted by a team of officials on 13.09.2025 in the property comprised in Survey Nos.1835/1 and 1836/2. On the course of survey, it was found that only one neem tree has been cut down in Survey No.1835/1 and one of the branches of the tree was cut down and the branch remains at the land. Two trees were cut down in the Survey No.1836/2 which does not obtain any permission from the concern authorities.

5.It is humbly submitted that the Survey No.

1835/1 is classified as "Tamil Nadu Boomidhana Board" having an extent of 0.96.00 bearing Patta No.5700. The Survey No.1836/2 is a patta land having an extent of 0.48.50 bearing Patta No.6659 in the name of Thirumalraj and 2 others. The authorities have warned the persons who have cut down the branch of the neem tree in Survey No.1835/1 and they have also given an undertaking that they won't do the unlawful activities again in future. Above said trees (neem tree) are come under Non scheduled tree (exempted) as per forest rules."

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4.We are concerned in this Writ Petition with Survey No.1835/1, Sithayagoundanpatti Village, Andipatti Taluk, Theni District ('land in question'). As per the counter filed by R4, the land belongs to the Tamil Nadu Boomidhana Board.

5.The felling of trees or branches appears to have been taken place in the adjoining land in Survey No.1835/1 and the Tahsildar states that branches of neem trees (non scheduled trees) were cut. This aligns with the counter filed by R6, wherein he confirms that branches of neem trees had been cut in the patta land.

6.We record the above and cautioning the private respondents to ensure that there is no unnecessary felling of trees, even if non-scheduled, in or around the land in question, close this Writ Petition. No costs.

[A.S.M.J.,] & [C.K.J.,] 22.10.2025 NCC :Yes/No Index :Yes/No Internet :Yes ps 4/6

To

1. Tamil Nadu State Bhoodan Yagna Board, Represented by its Chairman, Secretariat, Chennai - 09.

2. The Commissioner, Land Reforms Department, Ezhilagam, Chepauk, Chennai - 5.

3. The District Collector, Office of the District Collectorate, Theni, Theni District.

4. The Tahsildar, Taluk Office, Andipatty Taluk, Theni District.

5. The Inspector of Police, Ethakovil Police Station, Theni District.

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DR.ANITA SUMANTH, J.

AND C.KUMARAPPAN, J.

ps 22.10.2025 6/6