[Cites 1, Cited by 0]
Madras High Court
State Of Tamil Nadu vs N. Gunasekaran on 9 April, 2026
Author: R. Suresh Kumar
Bench: R. Suresh Kumar
W.A.No.808 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-04-2026
CORAM:
THE HON'BLE MR JUSTICE R. SURESH KUMAR
AND
THE HON'BLE MR.JUSTICE N.SENTHILKUMAR
W.A.No.808 of 2026 and C.M.P.No.8517 of 2026
1. State of Tamil Nadu
Rep. by its Principal Secretary to Government,
Environment Forest and Climate Change Dept.,
Government of Tamil Nadu, Secretariat,
Chennai 600 009.
2. The Principal Chief Conservator of Forests
Head Of Forest Force,
Guindy-Velacherry Main Road, Guindy,
Chennai - 600 032.
3. The Conservator of Forests
Dharmapuri Forest Circle, Dharmapuri 1,
Dhamrapuri District.
4. The District Forest Officer
Hosur Forest Division, Hosur, Krishnagiri District.
..Appellant(s)
Vs
N. Gunasekaran
..Respondent(s)
To set aside the order made in WP No.26472 of 2023 dated 11.09.2023
and allow the above Writ Appeal.
For Appellant(s): Mr.R.Neethiperumal
Government Advocate
For Respondent(s): Mr.M.R.Jothimanian
ORDER
(Order of the Court was made by R.SURESH KUMAR, J.)
As against the very same impugned order, already, a writ appeal
has been filed in W.A.No.795 of 2026, arising out of W.P.No.26474 of
2023, where, the following orders have been passed on 08.04.2026:
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https://www.mhc.tn.gov.in/judis
“This intra-Court appeal has been directed against the order
dated 11.09.2023 made in W.P.No.26474 of 2023.
2. In fact, it was a common order passed in both the writ
petitions in W.P.Nos.26472 and 26474 of 2023.
3. In both the cases, the recovery made from the writ
petitioners were questioned and the writ Court by following the
earlier order passed by the writ Court made in W.P.No.662 of
2022 dated 03.08.2023 had allowed the said writ petition
through the impugned order.
4. It has brought to our notice by the learned counsel
appearing for both sides that, as against the order dated
03.08.2023 made in W.P.No.662 of 2022 in the matter of
C.Subramani Vs. The Principal Secretary to Government,
Environment and Forest Department, Government of
Tamil Nadu, Secretariat, Chennai – 600 009 and others,
intra-Court appeal has been preferred by the State in
W.A.No.2170 of 2024 and the same has been entertained and it
is pending.
5. Nevertheless, the appellant Department without prejudice
to the appeal, i.e., W.A.No.2170 of 2024 pending before this
Court has decided to comply with the order passed by the writ
Court dated 03.08.2023 made in W.P.No.662 of 2022, thereby
an order has been passed on 25.03.2025, whereby the
recovery made in respect of the said Subramani had been
directed to be refunded, of course, subject to outcome of
W.A.No.2170 of 2024.
6. In view of the same, following the same dictum, we are
inclined to admit this writ appeal.
7. The recovery made from the present respondent / writ
petitioner in this appeal also shall be refunded by the appellant
Department within a period of two months from the date of
receipt of a copy of this order without prejudice to the rights
and contention to be made by the appellants in the present
appeal.
8. Post the matter along with W.A.No.2170 of 2024 for
combined hearing.”
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2. In view of the same, similar orders are passed in this writ appeal
also as an interim measure and the present writ appeal is directed to be
posted along with W.A.No.795 of 2026 for combined hearing.
(R.S.K.,J.) (N.S.,J.)
09-04-2026
(drm)
To:
1. The Principal Secretary to Government,
State of Tamil Nadu,
Environment Forest and Climate Change Dept.,
Government of Tamil Nadu, Secretariat,
Chennai 600 009.
2. The Principal Chief Conservator of Forests
Head Of Forest Force,
Guindy-Velacherry Main Road, Guindy,
Chennai - 600 032.
3. The Conservator of Forests
Dharmapuri Forest Circle,
Dharmapuri 1, Dhamrapuri District.
4. The District Forest Officer
Hosur Forest Division, Hosur,
Krishnagiri District.
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https://www.mhc.tn.gov.in/judis
R.SURESH KUMAR J.
AND
N.SENTHILKUMAR J.
(drm)
09-04-2026
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https://www.mhc.tn.gov.in/judis
