Alrm Nagappan Vs the Government of Karnataka

ALRM NAGAPPAN AGED ABOUT 65 YEARS RESIDING AT KARRIE KOLLIE ESTATE ATHUR NALLUR VILLAGE SUNTIKOPPA POST, SOMAWARAPET TALUK KODAGU DISTRICT. REPRESENTED BY G.P.A.HOLDER SRI. M. A. POONACHA.

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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RAMANATHAN NAGAPPAN S/O. ALRM NAGAPPAN AGED ABOUT 38 YEARS RESIDING AT KARRIE KOLLIE ESTATE ATHUR NALLUR VILLAGE SUNTIKOPPA POST SOMAWARAPET TALUK KODAGU DISTRICT. REPRESENTED BY G.P.A.HOLDER SRI. M. A. POONACHA.

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UMA NAGAPPAN W/O. ALRM NAGAPPAN AGED ABOUT 61 YEARS RESIDING AT KARRIE KOLLIE ESTATE ATHUR NALLUR VILLAGE SUNTIKOPPA POST SOMAWARAPET TALUK KODAGU DISTRICT. REPRESENTED BY G.P.A.HOLDER SRI. M. A. POONACHA.

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2 - NC: 2026:KHC:29543 WP No. 6174 of 2026

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HC-KAR

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M. A. POONACHA S/O. LATE APPACHA AGED ABOUT 70 YEARS RESIDING AT HAWANJALI COLLEGE ROAD MADIKERI KODAGU DISTRICT-571201.

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…PETITIONERS

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(BY SRI: M B PRABHAKAR, ADVOCATE)

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AND:

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THE GOVERNMENT OF KARNATAKA RPTD. BY THE CHIEF SECRETARY VIDHANA SOUDHA VIDHANA VEEDHI BENGALURU-560001.

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THE PRINCIPAL SECRETARY TO GOVT., DEPARTMENT OF FOREST ECOLOGY AND ENVIRONMENT M.S.BUILDING, BENGALURU - 560001 KARNATAKA.

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THE DEPUTY CONSERVATOR OF FOREST OFFICE OF THE DEPUTY CONSERVATOR OF FOREST TREE OFFICER MADIKERI DIVISION MADIKERI, KODAGU DISTRICT KARNATAKA.

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THE DEPUTY COMMISSIONER KODAGU OFFICE OF THE DEPUTY COMMISSIONER MADIKERI-571207.

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…RESPONDENTS

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(BY SMT: SARITHA KULKARNI, AGA)

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NC: 2026:KHC:29543 WP No. 6174 of 2026

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HC-KAR

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS; ISSUE A WRIT OF MANDAMUS OR DIRECTION DIRECTING THE 3RD AND 4TH RESPONDENTS TO CONSIDER THE APPLICATION OF THE PETITIONER AT ANNEXURE-A AND TO ACCORD FELLING PERMISSION TO THE PETITIONER ON HIS REDEEMED SAGU BANE LANDS AND PARA DEENA LANDS ON THE BASIS OF THE REVENUE JAMABANDI RECORDS AND AS PER THE ORIGINAL GRANT ORDERS AND TITLE DEED OF 1877 AT ANNEXURE-B IN ACCORDANCE WITH LAW; ISSUE A WRIT OF MANDAMUS OR DIRECTION DIRECTING THE 4TH RESPONDENT TO FURNISH NECESSARY REVENUE OPINION AS PER JAMABANDI RECORDS AT ANNEXURE- C AND D, AND IN THE LIGHT OF THE LAW LAID DOWN BY THIS HONBLE COURT IN THE CASE OF K.C. PONNAPPA V/S DEPUTY CONSERVATOR OF FORESTS (WP NO. 9978/1990) AND IN THE CASE OF THE STATE V/S P. P. GANAPATHI (WA NO. 1382/1991) TO ENABLE THE 3RD RESPONDENT TO ACCORD FELLING PERMISSION AS PER ANNEXURE-A.

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THIS WP, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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1. Petitioners are before this Court seeking for the following

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reliefs:

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"1. Call for Records,

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Issue a Writ of Mandamus or Direction directing the 3rd and 4th respondents to consider the application of the petitioner at Annexure-A dt 7/9/21 and to accord felling permission to the petitioner on his Redeemed Sagu Bane lands and Para Deena lands on the basis of the Revenue Jamabandi Records and as per the original grant orders and title

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NC: 2026:KHC:29543 WP No. 6174 of 2026

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HC-KAR

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deed of 1877 at ANNEXURE-B dt:28/06/1877 in accordance with law.

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Issue a Writ of Mandamus or Direction directing the 4th respondent to furnish necessary revenue opinion as per to D26 jamabandi records at ANNEXURE- C AND D, and in the light of the law laid down by this Hon'ble court in the case of K.C.Ponnappa V/s Deputy Conservator of Forests (WP No. 9978/1990) and in the case of The State V/s P. P. Ganapathi (WA No. 1382/1991) to enable the 3rd Respondent to accord felling permission as per Annexure-A dt: 7/9/2021, with in a stipulated time frame.

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And to pass any such other further orders or direction as this Hon'ble Court may deem fit in the circumstance of the case, including the costs."

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The petitioners claim to be the owner of the land in Sy.Nos.114/1, 114/2, 114/3, 114/7, 114/8, 114/9, 115, 116, 117/1, 73/1, 74, 75, 76, 77, 78 of Haroor Village, Somwarpet Taluk, Kodugu District, measuring 113.69 acres and Sy.Nos.53/2, 53/13 of Authur Nallur Village, Somwarpet Taluk, Kodagu District, measuring 23.61 acres and 45, 45A, 46, 47, 48 and 53/14 of Authur Nallur Village, Somwarpet Taluk, Kodagu District, measuring 23.94 acres.

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The submission of counsel for the petitioners is that the aforesaid land was granted as paisary land to the predecessors, original grantees being Mr. Mejars Thomas

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HC-KAR

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Greenhill and Mr. Charles Bounton Spooner on 28.06.1877. His submission is that except for Sy.No.76, all other lands are redeemed sagu land, whereas Sy.No.76 is paradeena tenure land and as such insofar as redeemed sagu land, there is no requirement of any permission for felling of the tree etc., The application which had been submitted by the petitioners on 07.09.2021 at Annexure-A has not been considered and in that background, the petitioners are before this Court seeking for the aforesaid reliefs.

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Learned AGA, on enquiry, submits that it is the Government order dated 31.05.1974 which would apply to any such application and the application of the petitioners would be considered in view of the said Government order and necessary orders would be passed within a period of 30 days from the date of receipt of a copy of this order.

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