The Additional Principal Chief Vs L Magilan — Madras HC (2026) — LawSathi Research

The Additional Principal Chief Vs L Magilan — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ appeal dismissed with no costs; the order of the Writ Court in W.P.No.15898 of 2015 dated 18.10.2024 stands; connected miscellaneous petition (CMP No. 31363 of 2025) closed.

Issue for consideration

Permissibility of the recovery in question: the judgment states that the issue relates to recovery, to which the decision of the Hon'ble Supreme Court in State of Punjab v. Rafiq Masih (2015) 4 SCC 334 squarely applies.

Court's answer

The issue in the case relates to recovery, to which the decision of the Hon'ble Supreme Court in State of Punjab and Others v. Rafiq Masih (White Washer) and Others, (2015) 4 SCC 334, squarely applies.

Ratio / Principle

Since both earlier writ appeals (W.A.No.648 of 2025 and W.A.No.2952 of 2025, against the orders/common order in W.P.Nos.12292 and 12290 of 2021) had already been dismissed by Division Benches of this Court, confirming the Writ Court orders dated 21.02.2024, the present writ appeal against the order in W.P.No.15898 of 2015 dated 18.10.2024, which followed those orders, is liable to be dismissed.

Detailed headnote1 paragraphs

Madras High Court, Division Bench (R. Suresh Kumar & Shamim Ahmed JJ.; judgment delivered by R. Suresh Kumar J.), 09-01-2026, in WA No. 3809 of 2025 (with CMP No. 31363 of 2025) under Clause XV of the Letters Patent. The State Forest Department appellants (Additional Principal Chief Conservator of Forest (Admn) and the Conservator of Forests) challenged the Writ Court's order dated 18.10.2024 in W.P.No.15898 of 2015 at the instance of respondent L Magilan, in a matter relating to recovery. Holding that the issue of recovery is squarely covered by the Supreme Court's decision in State of Punjab v. Rafiq Masih (2015) 4 SCC 334, and noting that the Writ Court had followed W.P.No.12292 of 2021 — the State's appeal thereon (W.A.No.648 of 2025) having been dismissed on 13.03.2025, and the same line followed in W.A.No.2952 of 2025 against the common order in W.P.No.12290 of 2021 — the Division Bench dismissed the writ appeal, thereby confirming the Writ Court orders in W.P.Nos.12290 and 12292 of 2021 dated 21.02.2024. No costs; connected miscellaneous petition closed.

WA No. 3809 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-01-2026

CORAM

THE HON'BLE MR JUSTICE R. SURESH KUMAR

AND

THE HON'BLE MR.JUSTICE SHAMIM AHMED

WA No. 3809 of 2025 AND CMP NO. 31363 OF 2025

The Additional Principal Chief Conservator of Forest (Admn), O/o. Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai-15.

The Conservator Of Forests, Office of State Forest Research Institute, Kolapakkam, Chennai-127.

..Appellants

Vs

L Magilan S/o.Lakshmanan, T15, B Block, Ashok Manor (Ruby Builders), Krishna Nagar 6th Street, Mudichur Road, West Tambaram, Chennai-45.

..Respondent

Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order dated 18.10.2024 made in WP No.15898/2015.

For Appellants : Mr.R.Neethiperumal Government Advocate

For Respondent(s): Mr.S.Nedunchezhiyan

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WA No. 3809 of 2025

Judgment (Judgment of the Court was delivered by R.Suresh Kumar J.)

This writ appeal has been directed against the order passed by the Writ Court dated 18.10.2024 made in W.P.No.15898 of 2015.

The issue relates to recovery, to which the decision of the Hon’ble Supreme

Court in State of Punjab and Others Vs. Rafiq Masih (White Washer) and

Others reported in (2015) 4 SCC 334 squarely applies. In fact, in the instant case the learned Writ Court followed the decision of this Court made in W.P.No.12292 of 2021, which order was appealed by the State of Tamil Nadu in W.A.No.648 of 2025. The appeal was dismissed by a Division Bench of this Court by order dated 13.03.2025, confirming the order passed in W.P.No.12292 of 2021.

This decision of the Division Bench was followed by another Division Bench of this Court in W.A.No.2952 of 2025, which was filed against the very same common order in W.P.No.12290 of 2021. Therefore, both the writ appeals since have already been dismissed, confirming the order of the Writ Court made in W.P.Nos.12290 and 12292 of 2021 dated 21.02.2024, the present writ appeal filed against the order in W.P.No.15898 of 2025 dated 18.10.2024 following the order made in W.P.Nos.12290 and 12292 of 2021 is liable to be dismissed. Accordingly,

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WA No. 3809 of 2025

the writ appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

(R.S.K.,J.) (S.S.A.,J.) 09-01-2026

Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST

To

The Additional Principal Chief Conservator of Forest (Admn), O/o. Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai-15.

The Conservator Of Forests, Office of State Forest Research Institute, Kolapakkam, Chennai-127.

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WA No. 3809 of 2025

R.SURESH KUMAR J. AND SHAMIM AHMED J.

KST

WA No. 3809 of 2025 AND CMP NO. 31363 OF 2025

09-01-2026

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