Raj v. The District Forest Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No. 23224 of 2023 Raj ...

Petitioner Vs.

1.The District Forest Officer, District Forest Office, Kanyakumari District, Vadasery, Nagercoil, 2.The Forest Ranger, Kulasekaram Forest Ranger, Kulasekaram and Post, Kanyakumar District.

3.The Managing Director, Having Office at Vadasery, Nagercoil Post, Nagercoil Village, Agastheeswara, Taluk, 1/6

4.The Divisional Manager, Manalodai Division, Having Office at Perunjuni, Ponamanai Post, ...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st and 2nd respondents herein to grant permission to bring three Hitachi Excavtor Drilling Machine, Diesel and Solar Panels in pursuant to the lease agreement, dated 25.04.2023 vide Agreement No.1/23-24 with the 4th Respondent herein to raise agricultural inter crops on Coupe No.43 ad-measuring 49.5 Hectares (122 Acres) of Rubber Estate of Kalikesam Sub Division, Manalodai Division, Kanyakumari District by considering petitioner's representation, dated 10.09.2023 with in a time stipulate by this Court.

For Petitioner : Mr. D.Nallathambi For Respondents : Mr. R.Suresh Kumar Additional Government Pleader, for R1 and R2. Mr. A.K.Manikkam Standing Counsel, for R3 and R4.

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ORDER

This writ petition is filed for Writ of Mandamus directing the 1st and 2nd respondents to grant permission to bring three Hitachi Excavtor Drilling Machine, Diesel and Solar Panels to carry on his agricultural activities.

2. Heard Mr. D.Nallathambi, the Learned Counsel appearing for the Petitioner, Mr.R.Suresh Kumar, the Learned Additional Government Pleader, appearing for the 1st and 2nd respondents, Mr. A.K.Manikkam, the Learned Standing Counsel, appearing for the 3rd and 4th respondents and perused the material documents available on record.

3. Today, when the matter is taken up for hearing the Additional Government Pleader appearing for the respondents 1 & 2 submitted that the petitioner has submitted representation to the respondents 3 & 4 alone. The respondents 1 & 2 are the appropriate authorities and they have not received any representation from the petitioner.

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4. The Learned counsel appearing for the petitioner submitted that the respondents 1 & 2 will have to receive through the respondents 3 & 4.

5. Accordingly, the petitioner is directed to submit a representation to the respondents 3 & 4 and submit an advance copy to the respondents 1 & 2. Thereafter, the respondents shall consider the same and pass orders, within a period of Two weeks from the date of receipt of a copy of the Order.

6. With these observations, this Writ Petition is allowed. No Costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 22.09.2023 Internet : Yes ksa 4/6

To 1.The District Forest Officer, District Forest Office, Kanyakumari District, Vadasery, Nagercoil, 2.The Forest Ranger, Kulasekaram Forest Ranger, Kulasekaram and Post, Kanyakumar District.

3.The Managing Director, Having Office at Vadasery, Nagercoil Post, Nagercoil Village, Agastheeswara, Taluk, 4.The Divisional Manager, Manalodai Division, Having Office at Perunjuni, Ponamanai Post, 5/6

S.SRIMATHY. J ksa Order made in W.P.(MD)No. 23224 of 2023 22.09.2023 6/6