Writ appeal petitioning to set aside a single judge order on lease renewal and removal of karuvela trees was dismissed as withdrawn by the appellant.
Writ appeal dismissed as withdrawn. Appellant at liberty to file review.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.A(MD) No.523 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.08.2020
THE HON'BLE MR.JUSTICE M.SATHYANARAYANAN and THE HON'BLE MR.JUSTICE P.RAJAMANICKAM
W.A(MD)No.523 of 2020 and C.M.P.(MD)Nos.3658 & 3659 of 2020
S.Muthuraman
... Appellant / Petitioner
-Vs-
1.The District Collector, Collectorate Campus, Sivagangai, Sivagangai District.
Office of the District Revenue Officer, Collecorate Campus, Sivagangai, Sivagangai District.
Office of the Revenue Divisional Officer, Majith Road, Sivagangai, Sivagangai District.
Taluk Office, Weekly Market Road, Sivagangai, Sivagangai District.
5.The Divisional Forest Officer, Social Forestry Division, Sivagangai.
... Respondents/Respondents
Prayer:Writ Appeal - filed under Clause 15 of the Letters Patent Act, to set aside the order dated 30.06.2020 made in W.P(MD)No.13108 of 2019 on the file of this Court and allow this writ appeal.
Prayer in WP(MD). 13108/ 2019 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondents herein to extend the lease period for 99 days from 12/06/2019 for the non operation period from 08/02/2019 to https://hcservices.ecourts.gov.in/hcservices/
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W.A(MD) No.523 of 2020
18/05/2019 based on the petitioner representation dated 27/05/2019 and consequently forbearing the respondents from any way interfering with leasehold rights of the petitioner from removing the karuvela trees in the survey No.91 in periyakottai kanmai in V.Pudukulam village, Sivagangai District as per the proceeding of the 3rd respondent in Mu.Mu.A1/3740/2015 dated 13.08.2016.
For Appellant : Mr.Veerakathiravan, Senior Counsel for M/s.Veera Associates, assisted by Mr.S.Ramsundarvijayaraj
For Respondents : Mr.K.Chellapandian,
Additional Advocate General assisted by Mr.Aayiram K.Selvakumar, Additional Government Pleader
JUDGMENT
[Judgment of the Court was delivered by M.SATHYANARAYANAN, J., ]
Mr.Veerakathiravan, learned Senior Counsel assisted by Mr.S.Ramsundarvijayaraj, learned counsel appearing for the appellant / writ petitioner, has invited the attention of this Court to the contents of the impugned order, which is a subject of challenge in this writ appeal and would submit that though majority of the findings are in favour of the appellant / writ petitioner, the learned Judge failed to take into consideration the cost of cutting and removing the trees by way of labour charges, the charges incurred to the loading, unloading and other transportation charges and chose to give a finding that the petitioner did not suffer any loss. Therefore, the appellant / writ petitioner is constrained to approach this Court praying for interference in the said order.
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W.A(MD) No.523 of 2020
Sd/-
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The District Collector,
Collectorate Campus, Sivagangai, Sivagangai District.
2.The District Revenue Officer,
Office of the District Revenue Officer,
Collecorate Campus, Sivagangai, Sivagangai District.
3.The Revenue Divisional Officer,
Office of the Revenue Divisional Officer,
Majith Road, Sivagangai, Sivagangai District.
4.The Tahsildar,
Taluk Office, Weekly Market Road, Sivagangai, Sivagangai District.
5.The Divisional Forest Officer,
Social Forestry Division, Sivagangai.
+1 CC to M/s.VEERA ASSOCIATES, Advocate ( SR-13919[F] dated 12/08/2020 )
Judgment in W.A(MD)No.523 of 2020 07.08.2020
pm
SDS (12.10.2020) 3P-7C https://hcservices.ecourts.gov.in/hcservices/
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S.Muthuraman
The District Collector, Sivagangai
The District Revenue Officer, Sivagangai
The Revenue Divisional Officer, Sivagangai
The Tahsildar, Sivagangai
The Divisional Forest Officer, Sivagangai
M.Sathyanarayanan
P. Rajamanickam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
