Disposed

Annamma Kurian v. The District Committee Under the

Madras HC16 Mar 2021WP(MD)/5643/2021

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court issued a direction under Article 226 of the Constitution to the District Collector to convene a District Committee meeting within six weeks to consider the petitioners' application for permission to cut old rubber trees for agricultural purposes, citing the need for the trees to meet their medical expenses.

What did the court decide?

Directed the District Collector to convene the District Committee meeting within six weeks to decide on the permission to cut rubber trees.

Annamma Kurian Vs The District Committee Under the — Land Acquisition | Madras HC (2021)

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W.P.(MD)Nos.5643 & 5648 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2021 CORAM:

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)Nos.5643 & 5648 of 2021 and W.M.P.(MD)Nos.4478 & 4480 of 2021

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Annamma Kurian ... Petitioner in W.P.(MD)No.5643 of 2021

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Elizabath Mathew ... Petitioner in W.P.(MD)No.5648 of 2021

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-Vs-

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1.The District Committee under the

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Tamil Nadu Preservation of Private Forest Act, 1949, Office of the District Collector,

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Kanyakumari @ Nagercoil-629 001.

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2.The District Collector, Kanyakumari District, Collectorate, Nagercoil-629 001.

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3.The Tahsildar,

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Velavangodu Taluk, Kanyakumari District-629 153. ... Respondents in both W.Ps.

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Prayer in W.P.(MD)No.5643 of 2021: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to accord permission to the petitioner to cut the old matured rubber trees and to plant new saplings in the agriculture lands in Survey Nos.75/1 of Kaliyal Village, Velavangodu Taluk, Kanyakumari District.

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Prayer in W.P.(MD)No.5648 of 2021: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to accord permission to the petitioner to cut the old matured rubber trees and to plant new saplings in the agriculture lands in Survey Nos.75/1 and 86/1A of Kaliyal Village, Velavangodu Taluk, Kanyakumari District.

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For Petitioner : Mr.Veerakathiravan

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Senior Counsel for M/s.Veera Associates For Respondents : Mr.M.Rajarajan (in both W.Ps.) Additional Government Pleader

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

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W.P.(MD)Nos.5643 & 5648 of 2021

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COMMON ORDER

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Heard the learned counsel on either side.

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2.The petitioners have applied to the respondents seeking permission to cut the rubber trees which are said to be old and mature. The application was given in December 2020.

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3.The Additional Government Pleader would state that in view of the proposed holding of the assembly election, the committee meeting could not be convened.

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4.The learned Senior Counsel would inform the Court that the petitioners are septuagenarians. He states that if the trees in question are allowed to be cut and the funds could be raised, that would go a long way in meeting their medical expenditure also.

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5.Taking note of the facts and circumstance of the case, I direct the second respondent to convene the committee under Tamil Nadu Preservation of Private Forests Act, 1949, within a period of six weeks from the date of receipt of a copy of this order and take a call on the petition mentioned representation.

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6.The Writ Petitions are disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.

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// True Copy //

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/ /2021

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Sub Assistant Registrar(CS)

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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.

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1.The District Committee under the

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Tamil Nadu Preservation of Private Forest Act, 1949, Office of the District Collector,

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Kanyakumari @ Nagercoil-629 001.

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2.The District Collector, Kanyakumari District, Collectorate, Nagercoil-629 001.

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

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2/3

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W.P.(MD)Nos.5643 & 5648 of 2021

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3.The Tahsildar, Velavangodu Taluk, Kanyakumari District-629 153.

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+2 CC to M/s.VEERA ASSOCIATS, Advocate ( SR-11676[F],11673 dated 17/03/2021 )

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+1 CC to M/s.SPL GP ( SR-12008[F],12000 dated 17/03/2021 )

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W.P.(MD)Nos.5643 & 5648 of 2021 and W.M.P.(MD)Nos.4478 & 4480 of 2021 16.03.2021

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PM(CO) KB(19.03.2021) 3P 7C

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

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Annamma Kurian v. The District Committee Under the

Case brief

What is this about?

What did the court decide?

Annamma Kurian v. The District Committee Under the

Case brief

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