Madras High CourtWP(MD)/1903/2013disposed of

K.Subbu, v. The District Forest Officer,

2019-06-12Honourable Dr Justice Anita Sumanth2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2019

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P(MD)No.1903 of 2013 K.Subbu ... Petitioner Vs.

1.The District Forest Officer, Race Course, Madurai.

2.The Ranger, Uthilaimalai Forest, Usilampatti, Madurai District.

... Respondents PRAYER :

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, to direct the respondent not to interfere with the right of petitioner to remove the trees and bushes available in patta land of the petitioner comprised in Survey Nos. 31-4A to 4G, 5B, 31/8 to 12, 32/1, 5, 228/5, 10, 11, 12 & 232/3, 233/1, 2, 3 Poduvarpatti Village, Usilampatti Taluk, Madurai District. For Petitioner :

Mr.M.Suresh Kumar For Respondents :

Mr.A.Thiyagarajan Government Advocate

O R D E R

Petitioner prays for issuance of writ of mandamus directing respondents not to interfere with the right of petitioner to remove the trees and bushes in his patta land comprised in Survey Nos. 314A to 4G, 5B, 31/8 to 12, 32/1, 5, 228/5, 10, 11, 12 & 232/3, 233/1, 2, 3 Poduvarpatti Village, Usilampatti Taluk, Madurai District.

2. In that regard, the petitioner has sent a representation to the first respondent as early as on 16.01.2013, duly acknowledged by him. There has been no response thereto, thus far, prompting the petitioner to approach this Court.

3. Though this writ petition is of the year 2013, respondents have not filed a counter in the matter.

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4. In the aforesaid circumstances, petitioner is directed to appear before first respondent-the District Forest Officer, Race Course, Madurai on Thursday i.e 20.06.2019 at 10.30 a.m along with the copy of his representation as well as all supporting documents.

5. On hearing the petitioner and perusing the documents, the respondents shall afford sufficient opportunity to the petitioner and pass appropriate orders on merits and in accordance with law. The said exercise shall be completed within a period of two weeks thereafter.

4. This Writ Petition is disposed of in the aforesaid terms. No costs.

Sd/- Assistant Registrar(CRL SIDE) // True Copy // Sub Assistant Registrar(CS) CM To, 1.The District Forest Officer, Race Course, Madurai.

2.The Ranger, Uthilaimalai Forest, Usilampatti, Madurai District.

W.P(MD)No.1903 of 2013 12.06.2019 KG(CO) ES (13.06.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/