P.Nagarajan v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI P.Nagarajan ... Petitioner Vs 1.The Tahsildar, Usilampatti, Madurai.
2.The Taluk Deputy Inspector of Survey (Head Surveyor), Usilampatti Taluk, Usilampatti Taluk Office, Usilampatti, Madurai District.
3.The District Forest Officer, Madurai District, Madurai.
4.The Forest Ranger, Forest Department, Vikkiramangalam, Madurai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, directing the respondents 3 & 4 to permit the petitioner for the cut and removal of 1/5
the thorny bushes grown up in the respondents 3 & 4 Forest land situated adjacent tot he petitioner's land properties comprised in Survey Nos.117, 118/1 and 122 namely forest Department land property, thereby enabling the second respondent to conduct survey and demarcation work in the petitioner's land properties comprised in Survey Nos.117 and 118/1 situated at Panamooppanpatti Revenue Village, Usilampatti Taluk, Madurai District based on the petitioner's application dated 07.09.2023 made to the respondents 1 and 2 Department within a time frame fixed by this Court. For Petitioner : Mr.B.Prahalad Ravi For Respondents : Mr.G.Suriyananth Additional Government Pleader
ORDER
The petitioner with a request to permit him to remove the bushes from his patta land has approached the respondents. The respondents have not considered his representation and therefore, the petitioner has filed this writ petition for a Mandamus directing the respondents 3 & 4 to permit the petitioner to cut and remove the thorny bushes grown up in the land in S.No.117, 118/1 and 122. 2.Mr.G.Suriyananth, learned Additional Government Pleader takes notice for the respondents and based on the written 2/5
instructions submits that if the petitioner takes necessary steps to conduct the survey in his patta land in the presence of the Forest Department officials, the Forest Department after ascertaining the extent of his patta land shall grant permission to remove bushes from his patta land.
3.Recording the submission made by the learned Additional Government Pleader, this writ petition is disposed of with a direction to the petitioner to take necessary steps by paying necessary fee to the Survey Department for survey of the land and to identify the boundaries of his patta land. The survey has to be conducted in the presence of the Forest Department officials. After completion of the survey and fixing of boundaries, the petitioner is at liberty to submit a fresh application and the same shall be considered by the respondents within a period of six weeks from thereon. No costs.
21.12.2023 NCC : Yes / No.
Index : Yes / No.
Internet : Yes.
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To 1.The Tahsildar, Usilampatti, Madurai.
2.The Taluk Deputy Inspector of Survey (Head Surveyor), Usilampatti Taluk, Usilampatti Taluk Office, Usilampatti, Madurai District.
3.The District Forest Officer, Madurai District, Madurai.
4.The Forest Ranger, Forest Department, Vikkiramangalam, Madurai District.
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B.PUGALENDHI, J.
vrn Order made in 21.12.2023 5/5