IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27.03.2017 CORAM:
THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR
W.P. No. 5310 of 2017
and
W.M.P. No.5623 of 2017
P.Ethadu Kuttan .. Petitioner ..Vs..
1. The District Collector, Office of the District Collector, Nilgiris District, Udagamandalam.
2. The District Forest Officer, Nilgiris, South Division, Udagamandalam. .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents not to dispossess or prevent the petitioner from carrying onhis agricultural activity in Toda lands comprised in old S.No.4405 measuring an extent of about 35.83 2/16 A Acres situtated at Kandal Mandu, Udhagamandalam, Nilgiris District in pursuance to the petitioner's representation dated 24.01.2017 and 31.01.2017.
For Petitioner : M/s.DR.R.Gouri For R1 : Mr.R.Govindasamy,AGP For R2 : Mr.M.Santhana Raman, Spl.Govt.Pleader (Forests)
O R D E R
The petitioner, in this writ petition, seeks for issuance of a Writ of Mandamus, directing the respondents not to dispossess or prevent the petitioner from carrying onhis agricultural activity in Toda lands comprised in old S.No.4405 measuring an extent of about 35.83 2/16 A Acres situtated at Kandal Mandu, Udhagamandalam, Nilgiris District in pursuance to the petitioner's representation dated 24.01.2017 and 31.01.2017.
2. The learned counsel for the petitioner has submitted that the petitioner filed this Writ Petition against the illegal action of the second respondent, preventing them not to cultivate them in the said land and thereby, to immediately stop agricultural activity and to vacate the land. The petitioner has also made a detailed representation dated 24.01.2017 and 31.01.2017 to the District Forest Officer, Nilgiris, South Division, Udagamandalam. The petitioner filed the present Writ Petition for considering the said representations made to the second respondent.
3. The learned Special Government Pleader appearing for the second respondent would submit that, on instructions by the letter dated 09.03.2017, he is informed that the aforesaid subject matter of the property falls under the jurisdiction of the District Forest Officer, Nilgiris, North Division. Therefore, the petitioner is not entitled to the relief as claimed in this Writ Petition.
4. In view of the statement made by the learned Special Government Pleader, this Writ Petition is dismissed, with liberty to the petitioner to make a fresh representation to the concerned authority. Consequently, connected Miscellaneous Petition is closed. No costs.
27.03.2017 nvi To
1. The District Collector, Office of the District Collector, Nilgiris District, Udagamandalam
2. The District Forest Officer, Nilgiris, South Division, Udagamandalam
D. KRISHNAKUMAR J.,
nvi W.P. No. 5310 of 2017 and W.M.P. No.5623 of 2017 27.03.2017 http://www.judis.nic.in