K. Pillayar Raja, v. The Principal Chiefconservator

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD).No.566 of 2013 K.Pillayar Raja ... Petitioner Vs 1.The Principal Chief Conservator of Forest, Panagal Buildings, Saidapet, Chennai.

2.The Forest Settlement Officer, Collectorate Complex, Sivagangai.

3.The Warden, Squirrel Wild Life Sanctuary, Srivilliputtur, Virudhungar District.

4.The Tashildar, Taluk Office, Rajapalayam Town, Virudhungar District.

... Respondents This Writ Petition is filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the 3rd respondent to send proposal of No Objection for issuing Patta to the petitioner herein for the lands comprised in S.No.547 to 552 (old S.No.525) measuring an extent of 70.90 acre (Periyakavu Estate) and S.No.544 (old S.No.525) measuring an extent of 36.89 acre (Attaikadi Estate) in Seithur Revenue Village of Rajapalayam Taluk and to direct the 4th respondent herein to issue Patta to the petitioner for the said lands on the basis of issuance of 'No Objection' from the 3rd respondent.

For Petitioner : Mr.H.Arumugam for Mr.J.Suresh For Respondents : Mr.AK.Baskarapandiyan Special Government Pleader

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.] By consent, the Writ Petition itself is taken up for final disposal.

2. The grievance expressed by the petitioner appears to be that though the lands comprised in S.No.547 to 552 (old S.No.525) measuring to an extent of 70.90 acre (Periyakavu Estate) and S.No.544 (old S.No.525) measuring to an extent of 36.89 acre (Attaikadi Estate) in Seithur Revenue Village of Rajapalayam Taluk, are not declared as forest land, patta is yet to be issued by the fourth respondent and in this regard, he has also submitted a representation to the third respondent on 30.05.2012 and the apprehension now expressed by the petitioner is that the Tashildar concerned, once again, may not consider his application for issuance of the patta on the ground that it belongs to the Forest Department and hence, he came forward with this Writ Petition. 3.

Learned Counsel for the petitioner would submit that the petitioner is having the benefit of judgment and decree made in O.S.No.181/03, dated 17.09.2007, on the file of the Sub-Corut, Srivilliputtur, in which, the fourth respondent is also arrayed as one of the parties and despite a positive direction directing the Tashildar concerned to grant patta, he has not chosen to comply with the decree on the pretext that the land belongs to Forest Department, but, actually, it is not so and hence, he prays for appropriate orders.

4.

Per contra, Mr.AK.Baskarapandiyan, learned Special Government Pleader, appearing on behalf of the respondents would submit that admittedly, the petitioner has submitted a representation on 30.05.2012 only to the third respondent and not to the fourth respondent and therefore, he is not entitled to any relief.

5.

This Court has considered the rival submissions of the learned Counsel for the parties concerned and perused the materials placed in the form of typed set of papers. 6.

Though the petitioner prays for a larger relief, this Court, without going into the merits of the case, as projected by the petitioner in this Writ Petition, permits the petitioner to submit a detailed representation to the fourth respondent along with a copy of this order as well as the copies relied upon by him, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the fourth respondent shall consider the said representation, on merits and in accordance with law, and pass appropriate orders, after putting on

notice the persons concerned, within a further period of ten weeks, thereafter and communicate the decision taken thereon to the petitioner as well as the persons concerned. With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To 1.The Principal Chief Conservator of Forest, Panagal Buildings, Saidapet, Chennai.

2.The Forest Settlement Officer, Collectorate Complex, Sivagangai.

3.The Warden, Squirrel Wild Life Sanctuary, Srivilliputtur, Virudhungar District.

4.The Tashildar, Taluk Office, Rajapalayam Town, Virudhungar District.

+ 1 CC TO Mr.J.SURESH, ADVOCATE IN SR No. 60951 SSM TE/GSV-PM : 03/11/2016 : 3P/6C W.P(MD).No.566 of 2013 17.10.2016