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V.Saravanan vs The State Of Tamil Nadu Rep. By Its
2023 Latest Caselaw 8576 Mad

Citation : 2023 Latest Caselaw 8576 Mad
Judgement Date : 19 July, 2023

Madras High Court
V.Saravanan vs The State Of Tamil Nadu Rep. By Its on 19 July, 2023
                                                                           W.A.No.3455 of 2019 &
                                                                            W.P.No.31283 of 2007

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 19.07.2023

                                                      CORAM :

                                   THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
                                                          and
                                     THE HONOURABLE MR.JUSTICE P. B.BALAJI
                                               W.A.No.3455 of 2019 and
                                                W.P.No.31283 of 2007
                     In W.A.No.3455/2019

                     V.Saravanan                                               ... Appellant
                                               Vs.

                     1. The State of Tamil Nadu rep. by its
                           Deputy Secretary to Government,
                        Environment & Forests (FR3) Dept.
                        Secretariat, St.Fort George, Chennai-9.

                     2. The District Collector and Chairman of
                         District Forest Committee, Namakkal District.

                     3. Principal Chief Conservator of Forests, HOFF,
                        Tamil Nadu Forest Department, No.1, Jennis Road,
                        Panagalmaligai Building, Saidapet,
                        Chennai 600 015.

                     4. Vazhavandhinadu Panchayat,
                        rep. by its Block Development Officer,
                        Vazhavandhinadu Village, Kollimalai Panchayat Union,
                        Kollimalai, Namakkal District.                       ... Respondents

                     Page 1 of 6


https://www.mhc.tn.gov.in/judis
                                                                               W.A.No.3455 of 2019 &
                                                                                W.P.No.31283 of 2007

                     In W.P.No.31283 of 2007

                     V.Saravanan                                                  ... Petitioner
                                                         Vs.

                     1. The District Collector and Chairman of
                          District Forest Committee,
                        Namakkal District.

                     2. The President, Vazhavandhinadu Panchayat,
                        Vazhavandhinadu Village, Kollimalai Panchayat Union,
                        Kollimalai, Namakkal District.

                     3. The Principal Conservator of Forest, Chennai.
                        (R3 suo motu impleaded vide order dated 21.03.2019,
                         made in W.P.No.31283/2007)

                     4. The Secretary, Municipal Administration and
                          Water Supply Department, Chennai.
                        (R4 impleaded vide order dated 01.08.2019
                         made in W.P.No.41283/2007.)                          ... Respondents

                     Prayer in Writ Appeal: Writ Appeal filed under Clause 15 of Letters Patent
                     to set aside the order passed by this Court in W.P.No.17616 of 2019 dated
                     14.08.2019.
                     Prayer in Writ Petition:    Writ Petition filed under Article 226 of the
                     Constitution of India seeking to issue a Writ of Certiorarified Mandamus
                     calling for the records relating to the impugned order passed by the second
                     respondent in his proceedings nil dated 20.08.2007 and quash the same as
                     illegal and consequently directing the second respondent to issue cutting
                     order in favour of the petitioner to cut the 955 pine trees and 1707

                     Page 2 of 6


https://www.mhc.tn.gov.in/judis
                                                                                    W.A.No.3455 of 2019 &
                                                                                     W.P.No.31283 of 2007

                     Eucalyptus trees at the land in survey No.466, Vazhavandhinadu Village,
                     Kollimalai Taluk, Namakkal District.


                                  For Appellant/petitioner      : Mr.G.Dilipkumar
                                                                  for Mrs. G.Selvi George


                                  For Respondents/Respondents : Mrs. RL Karthika, Govt. Advocate

                                                    COMMON JUDGEMENT

                            (Judgment of the Court was delivered by D.KRISHNAKUMAR, J.)


                                  Today, when the matters are listed for hearing, the learned counsel

                     appearing for the appellant/writ petitioner fairly submitted that, in so far as

                     the writ appeal is concerned, pending writ appeal, the order passed by the

                     Writ Court has been complied with and hence, nothing survives for further

                     adjudication. He has also submitted that, in sofar as the writ petition is

                     concerned, the prayer sought for in the writ petition has become infructuous,

                     since the claim is with regard to the proceedings dated 20.08.2007.




                     Page 3 of 6


https://www.mhc.tn.gov.in/judis
                                                                                   W.A.No.3455 of 2019 &
                                                                                    W.P.No.31283 of 2007

                                  2. Recording the submission made by the learned counsel appearing

                     for           the    appellant/writ   petitioner,   W.A.No.3455/2019          and

                     W.P.No.31283/2007 are dismissed as infructuous. No costs.



                                                                          (D.K.K.J.)        (P.B.B.J.)

                                                                                 19.07.2023

                     Internet: Yes/No
                     Index : Yes/No
                     mst

                     To

                     1. The Deputy Secretary to Government,
                        State of Tamil Nadu, Environment & Forests (FR3) Dept.
                        Secretariat, St.Fort George, Chennai-9.

                     2. The District Collector and Chairman of
                         District Forest Committee, Namakkal District.

                     3. Principal Chief Conservator of Forests, HOFF,
                        Tamil Nadu Forest Department, No.1, Jennis Road,
                        Panagalmaligai Building, Saidapet, Chennai 600 015.

                     4. Vazhavandhinadu Panchayat,
                        rep. by its Block Development Officer,
                        Vazhavandhinadu Village, Kollimalai Panchayat Union,
                        Kollimalai, Namakkal District.




                     Page 4 of 6


https://www.mhc.tn.gov.in/judis
                                                                               W.A.No.3455 of 2019 &
                                                                                W.P.No.31283 of 2007

                     5. The President, Vazhavandhinadu Panchayat,
                        Vazhavandhinadu Village, Kollimalai Panchayat Union,
                        Kollimalai, Namakkal District.

                     6. The Principal Conservator of Forest, Chennai.

                     7. The Secretary, Municipal Administration and
                          Water Supply Department, Chennai.




                     Page 5 of 6


https://www.mhc.tn.gov.in/judis
                                           W.A.No.3455 of 2019 &
                                            W.P.No.31283 of 2007



                                      D.KRISHNAKUMAR, J.

and P. B.BALAJI, J.

mst

W.A.No.3455 of 2019 and W.P.No.31283 of 2007

19.07.2023

https://www.mhc.tn.gov.in/judis

 
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