High Court dismissed a writ petition challenging the rejection of a small farmer certificate application. The Court held that since the land was notified as forest land under the Tamil Nadu Forest Act, 1882, the impugned order could not be disturbed.
Writ petition dismissed with liberty to challenge the forest notification. No order as to costs.
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.P.(MD).No.2884 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.09.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD).No.2884 of 2013 and
M.P(MD)No.1 of 2013
Pothumponnu
... Petitioner
Vs.
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the second respondent in his proceedings in Oo.Moo. 13346/2012/A4, dated 12.01.2013 and quash the same.
For Petitioner : M/s.S.M.Mohan Gandhi
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W.P.(MD).No.2884 of 2013
For Respondents : Mr.N.Muthuvijayan Special Government Pleader
ORDER
The present Writ Petition has been filed challenging an order passed by the second respondent herein, under which, the request of the petitioner for grant of certificate as a small farmer for Survey No.327 has been rejected, on the ground that the said land has already been notified
as a forest land under Section 4 of the Tamil Nadu Forest Act, 1882.
notification was served upon the writ petitioner.
respondents had served a copy of the said notification to the learned Counsel for the petitioner today. Since the lands have been notified as a forest land under Section 4 of the Tamil Nadu Forest Act, the order impugned in the writ petition cannot be disturbed. The writ petition is dismissed with liberty to the writ petitioner to challenge the said
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W.P.(MD).No.2884 of 2013
notification under the Tamil Nadu Forest Act in the manner known to
law.
disposed of. There shall be no order as to costs. Consequently, connected
Miscellaneous Petition is closed.
01.09.2022
Index : Yes / No Internet : Yes / No btr
To
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W.P.(MD).No.2884 of 2013
R.VIJAYAKUMAR, J.
btr
Order made in W.P.(MD).No.2884 of 2013
01.09.2022
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1 issue framed by the court
Whether the rejection of the petitioner's request for a small farmer certificate should be quashed on the ground of non-service of notification.
2 provisions across 2 enactments
Pothumponnu
The District Collector, Dindigul
The Tahsildar, Natham Taluk
The District Forest Officer, Dindigul
R. Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
