Dismissed

M.Rajendran v. The Forest Range Officer

Madras HC6 Jan 2015WP/47/2015

Case brief

AI extract

What is this about?

Single bench disposed of multiple writ petitions challenging eviction show cause notices issued by the Forest Range Officer. The court held that authorities must consider petitioner representations before passing final orders. Writs were disposed with directions for consideration of replies.

What did the court decide?

Writ petitions disposed of. Directions issued to the authorities to consider petitioners' representations and pass appropriate orders on merits.

M.Rajendran Vs The Forest Range Officer — Constitutional and Fundamental Rights | Madras HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 06.01.2015

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CORAM:

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THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M. VENUGOPAL

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W.P. Nos.47 to 55 of 2015 and M.P. Nos.1 of 2015

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M. Rajendran ...Petitioner in W.P. No.47 of 2015 M.Ranganathan ...Petitioner in W.P. No.48 of 2015 M.Thangavel ...Petitioner in W.P. No.49 of 2015 P.Arumugam ...Petitioner in W.P. No.50 of 2015 N.Anumanthan @ Chinnapiyaa ...Petitioner in W.P. No.51 of 2015 V.Dhanapal ...Petitioner in W.P. No.52 of 2015 C.Arunmanthan ...Petitioner in W.P. No.53 of 2015 C.Krishnan ...Petitioner in W.P. No.54 of 2015 C.Ramesh ...Petitioner in W.P. No.55 of 2015

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vs.

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The Forest Range Officer Dharmapuri Forest Range Collectorate Post Dhamapuri 636 705

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...Respondent in W.P.No.47 to 55 of 2015

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Prayer in W.P. No.47 to 55 of 2015:

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Writ Petitions filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus calling for the records pertaining to the impugned eviction notice dated 30.10.2014 issued by the respondent under Section 68-A of the Tamil Nadu Forest Act, 1882 and to quash the same as illegal.

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For petitioner in all the petition : Mr. D. Baskar For respondent in : Mr. M.K. Subramanian all the petition Spl. Govt. Pleader - Forest

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https://hcservices.ecourts.gov.in/hcservices/

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COMMON ORDER

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In view of commonality of the issue involved, these writ petitions are being considered and decided by this common order, at the admission stage, with the consent of the learned counsel on either side.

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2 The challenge in these writ petitions is to the notices dated 30.10.2014 issued by the respondent under Section 68-A of the Tamil Nadu Forest Act, 1882, whereby and whereunder, the petitioners have been asked to explain as to why they should not be evicted from their respective land as the same belong to reserve forest and that the petitioners have committed encroachment.

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3 According to the learned counsel for the petitioners, pursuant to the impugned notices, the petitioners have submitted their reply by way of representations on 09.11.2014 and thereafter, no action has been taken.

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4 Heard the learned counsel for the petitioners and the learned Special Government Pleader (Forest) appearing for the respondent.

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5 Needless to state that the impugned notices dated 30.10.2014 are by way of show cause notices and the authorities are under an obligation to consider the petitioners' representations and pass appropriate orders in accordance with law and on their own merits. It is not necessary to point out that no action can be taken till the petitioners' representations are considered and final orders passed therein.

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6 The writ petitions are disposed of with the above observations. Costs made easy. Connected Miscellaneous Petitions are closed.

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Sd/-

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Assistant Registrar(CS-IV)

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//True Copy//

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Sub Assistant Registrar

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cad

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https://hcservices.ecourts.gov.in/hcservices/

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The Forest Range Officer Dharmapuri Forest Range Collectorate Post Dhamapuri 636 705

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1 CC to Mr.R.Thamaraiselvan, Advocate SR.No. 290 1 CC to the Government Pleader, SR.No. 209 W.P. Nos.47 to 55 of 2015

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JP (CO) PSI (20.01.2015)

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https://hcservices.ecourts.gov.in/hcservices/

M.Rajendran v. The Forest Range Officer

Case brief

What is this about?

What did the court decide?

M.Rajendran v. The Forest Range Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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