M.Antony, S/O. Paul, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2015 CORAM :
THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition (MD) No.16064 of 2013 and MP.(MD).No.1 and 2 of 2013 M.Antony ... Petitioner Vs.
1.The District Collector, Thoothukudi District.
2.The Revenue Divisional Officer, Kovilpatti Thoothukudi District.
3.The Tahsildar, Ettayapuram Taluk, Thoothukudi District.
4.S.Balakrishnan 5.The District Forest Officer, Thoothukudi, Thoothukudi District.
... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1 to 3 respondents herein to stop the illegal cutting and removal of the karuvel trees situated in S.No. 402/10 and other survey numbers of Ayyarajapatti panchayat Thoothukudi district by the 4th respondent and consequently directing the respondents 1 to 3 to collect the revenue from the 4th respondent for cutting and removing the Karuvel trees situated other than in S.No. 404/1 of Ayyarajapatti panchayat Thoothukudi district. For Petitioner : Mr.F.Deepak For Respondents 1-3&5: Mr.M.Govindan, Special Government Pleader.
For 4th Respondent : No appearance
ORDER
(Order of the Court was made by R.SUDHAKAR,J.) The petitioner has come forward with this writ petition seeking for a direction to the respondents 1 to 3 to stop the illegal cutting and removal of the karuvel trees situated in S.No.402/10 and other survey numbers of Ayyarajapatti Panchayat, Thoothukudi District by the fourth respondent and to direct the respondents 1 to 3 to collect revenue from the fourth respondent for cutting and removing the karuvel trees situated other than S.No.404/1 of Ayyarajapatti Panchayat, Thoothukudi district. https://hcservices.ecourts.gov.in/hcservices/ 2.Though notice was served on the fourth respondent and his name
printed in the cause list, there is no appearance on behalf of the fourth respondent.
3.Mr.M.Govindan, learned Special Government Pleader, on instructions, submitted that the Revenue Divisional Officer has given a report stating that the allegation made in the writ petition seems to be correct and an enquiry has been conducted to recover the amount from the fourth respondent after getting an assessment of the value of trees from the Forest Department.
4.In view of the above, the authorities are entitled to proceed in accordance with law. However, if any third party will be affected by the nature of the relief sought for by the petitioner or by any order to be passed, the authority shall hear such person to avoid the allegations of violation of principles of natural justice. 5.The writ petition is disposed of as above. No costs. Consequently, M.P(MD)Nos.1 and 2 of 2013 are closed. Sd/- The Assistant Registrar(T&P) /True copy/ Sub-Assistant Registrar To 1.The District Collector, Thoothukudi District.
2.The Revenue Divisional Officer, Kovilpatti Thoothukudi District.
3.The Tahsildar, Ettayapuram Taluk, Thoothukudi District.
4.The District Forest Officer, Thoothukudi, Thoothukudi District.
+1cc to special Government Pleader SR.no.44271 sms SR:JGB:AAL:21.8.2015:2P/6C Writ Petition (MD) No.16064 of 2013 & MP(MD)Nos.1 7 2 of 2013 04.08.2015 https://hcservices.ecourts.gov.in/hcservices/