Rajamanickam.M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR M.Rajamanickam : Petitioner Vs.

1.The District Collector, Office of the District Collector, Koramballam, Thoothukudi District.

2.The Forest Range Officer, Thiruchendur Forest Range Department, Thiruchendur, Thoothukudi District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to assign the land in which the petitioner where in possession bearing Ward No.6, Melakanam Panchayat, Vallivilai Post, Tiruchendur Mannanvilai, Thoothukudi District by considering the petitioner's representation dated 17.08.2023. 1/5

For Petitioner : Mr.A.Arun Ramnatha For Respondents : Mr.S.P.Maharajan Special Government Pleader

O R D E R

************ [Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed seeking for a direction to the respondents to assign the land in which the petitioner is in possession bearing Ward No.6, Melakanam Panchayat, Vallivilai Post, Tiruchendur Mannanvilai, Thoothukudi District by considering the petitioner's representation dated 17.08.2023. 2.Heard Mr.A.Arun Ramnatha, learned Counsel for the petitioner and Mr.S.P.Maharajan, learned Special Government Pleader for the respondents.

3.According to the Government, the property in question which has been claimed by the petitioner is notified as a Reserve Forest under the Tamil Nadu Forest Act, 1882. The property in question is a part of Kuthiraimozhi their Reserve Forest notified in the year 1882 and continues to remain as a Reserve Forest. In such circumstances, the relief sought for by the petitioner seeking assignment of the said land cannot be accepted. 2/5

4.Accordingly, the writ petition is dismissed. It is needless to say that the petitioner can very well seek for relocation or alternative accommodation and if such representation is made, the authorities concerned namely Forest and Revenue authorities shall consider the said request and take appropriate decision. There shall be no order as to costs.

[D.K.K.,J.] & [R.V.,J.] 05.03.2024 Index : Yes/No Internet : Yes/No MR 3/5

To 1.The District Collector, Office of the District Collector, Koramballam, Thoothukudi District.

2.The Forest Range Officer, Thiruchendur Forest Range Department, Thiruchendur, Thoothukudi District.

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D.KRISHNAKUMAR, J.

and R.VIJAYAKUMAR, J.

MR ORDER MADE IN 05.03.2024 5/5