Pending writ petitions challenging government notices and seeking appointment of an expert committee to study Prosopis Juliflora. Court held that since the First Bench had already appointed such a committee, no further order was required.
No further appointment of expert committee; petitions disposed of.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 09.11.2021
CORAM
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.P.NOS.10044 & 10045 OF 2017 AND W.M.P.NOS.11039, 11040, 11041 & 11042 OF 2017
G.Raja ... Petitioner in W.P.No.10044/2017 R.Balasundaram ... Petitioner in W.P.No.10045/2017
..Vs..
PRAYER in W.P.No.10044/2017:
Writ Petition is filed under Article 226 of Constitution of India, praying to issue a writ of certiorarified mandamus, to call for the records relating to the impugned notices dated 14.03.2017, issued by the 4th respondent and quash the same and consequently direct the respondents to conduct scientific study on ill effects of Prosopis Juliflora in the State of Tamil Nadu.
PRAYER in W.P.No.10045/2017:
Writ Petition is filed under Article 226 of Constitution of India, praying to issue a writ of certiorarified mandamus, to call for the records relating to the impugned notices dated 17.03.2017 issued by the 3rd respondent and quash the same and consequently direct the respondents to conduct scientific study on ill effects of Prosopis Juliflora in the State of Tamil Nadu.
For Petitioners : M/s.A.Swaminathan
For Respondents : Mr.V.Nanmaran, Government Advocate for R1 Mr.K.M.D.Muhilan, Government Advocate for R2 to R4
..in both WPs.
COMMON ORDER
These writ petitions have been filed challenging the impugned notices and consequently to direct the respondents to conduct scientific study on ill effects of Prosopis Juliflora in the State of Tamil Nadu.
“5.It is brought to our notice that the Government has constituted a Committee to undertake a comprehensive study on Seemai Karuvelam trees with regard to its ill-effects on environment as well as its utility. The Committee comprises the following members:
| 1. | Principal Chief Conservator of Forests (Research), Chennai Chairman |
|---|---|
| 2. | Professor and Head (Agro Forestry) Forest College and Research Institute, Tamil Nadu Agricultural University, Coimbatore Member |
| 3. | Dr.V.Sankaran, Head of Agronomy Department, Madras Veterinary College, Vepery, Chennai. Member |
| 4. | Engineer-in-Chief, Water Resource Department, Public Works Department, Chennai – 5. Member |
| 5. | Tmt.Keranappuch Joseph, Joint Secretary to Government, Law Department, Secretariat, Chennai – 9. Member |
| 6. | Deputy Director (Plant Protection), O/o.Director of Agriculture, Chennai – 5. Member |
| 7. | Tmt.Soba Menon, Founder and Managing Trustee, Nizhal (NGO), Chennai Member |
| 8. | Chief Conservator of Forests (Publicity), O/o.Principal Chief Conservator of Forests (Head of Forest Force), Chennai. Member-Secretary |
| pet Gen Gov Mr. for |
6.By consent of Mr.Mohan, learned counsel for the itioner; Mr.V.Ayyadurai, learned Additional Advocate eral (assisted by Mr.M.K.Subramanian, learned ernment Pleader) appearing for respondents 1 to 4; Menon Karthik Mukundan, learned counsel appearing the 5threspondent/Director, Indian Institute of |
| Tec cou |
hnology, Chennai, and Mr.P.Vijendran, learned nsel appearing for the 6threspondent, we deem it |
| app fol |
ropriate to expand the Committee by including the lowing experts suggested by the petitioner: |
| 1. | Dr.Murugavel, Head, Department of Humanities & Social |
|---|---|
| Sciences, Sri Venkateswara College of Engineering, Sriperumbudur. (Mobile No.98848-22393) |
|
| 2. | Dr.Susy Vergese, Professor, Chennai Engineering, IIT, Madras. (Mobile No.94442-89172) |
3.
4.
”
Sd/-
Assistant Registrar(CS IX)
//True Copy//
Sub Assistant Registrar
Pns
To
+1cc to the Special Government Pleader (Forest), S.R.No.58073,58072
+1cc to the Government Pleader, S.R.No.58017
W.P.Nos.10044 & 10045 of 2017 and W.M.P.Nos.11039, 11040, 11041 & 11042 of 2017
BR(CO) PM/29/11/2021
09.11.2021
2 issues framed by the court
Whether the High Court should appoint an expert committee to study the ill effects of Prosopis Juliflora in Tamil Nadu given a prior order by the First Bench.
Whether the order passed by the First Bench appointing an expert committee binds the respondents in subsequent petitions.
Colour shows how this judgement treated each authority
W.P.No.10614 of 2017Referred¶24
G.Raja
R.Balasundaram
State by Principal Secretary to Government Environment & Forest Department
District Collector, Kancheepuram
Tahsildar, Pallavaram Taluk
Revenue Inspector, Pammal Firka
Krishnan Ramasamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
