1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09.11.2011 Coram : The Honourable Mr.Justice V.RAMASUBRAMANIAN W.P.(MD) No.10141 of 2011 N.Kumaravel .. Petitioner vs. The District Forest Officer, The District Forest Office, Collectorate, Dindigul. .. Respondent Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to release the 304 number of timber logs to the petitioner which is lying at Survey Nos.613, 614/1 and 614/2 comprised in Sirumalai Village in accordance with the orders passed by the District Forest Committee in Na.Ka.38220/08/E3 dated 25.10.2010 following the orders passed by the learned Judicial Magistrate No.III, Dindigul in STC No.851 of 2002 dated 2.4.2002. For Petitioner : Mr.S.C.Herold Singh For Respondent : Mr.B.Pugazhenthi, Special Government Pleader. ORDER The petitioner has come up with the above writ petition, seeking a Mandamus to direct the respondent to release the timber logs lying in the land at Survey Nos.613, 614/1 and 614/2, Sirumalai Village. 2. Heard Mr.S.C.Herold Singh, learned counsel for the petitioner and Mr.B.Pugazhenthi, learned Special Government Pleader for the respondent. 3. It is claimed by the petitioner that one Kumaravel is the owner of the land in Survey Nos.613, 614/1 and 614/2, Sirumalai Village. According to the petitioner, the owner had planted coffee, lemon, orange trees etc., and that he is also growing other trees for the purpose of shade. The petitioner further claims that the owner cut some of those trees without the prior approval of the Committee constituted under the Hill Area Preservation of Trees Act, 1955. Therefore, a complaint was lodged in Crime No.3 of 2001 dated 18.1.2002 by the Forest Ranger against the owner. A charge was laid https://hcservices.ecourts.gov.in/hcservices/ 2 in STC No.851 of 2002 on the file of the Judicial Magistrate No.III, Dindigul. The owner pleaded guilty and paid a fine, after which the logs were directed to be handed over to him. 4. Unfortunately, the Forest Ranger filed a civil revision petition in CRP(NPD) No.1362 of 2002, against the order of the Judicial Magistrate, entrusting the custody of the wooden logs to the owner of the land. The civil revision petition was dismissed with liberty to the Forest Ranger to prosecute the remedies available under the Code of Criminal Procedure. According to the petitioner, the Forest Ranger did not prosecute the matter any further. 5. However, the owner appears to have sold the wooden logs numbering about 304 to the petitioner on 24.12.2008. On the basis of the purchase so made, the petitioner made a representation dated 27.12.2008 to the respondent, seeking permission to remove the wooden logs. It appears that the said representation was placed before the Committee constituted under the Act. Thereafter, the District Collector is stated to have passed an order dated 25.10.2010, directing the release of the timber. On the basis of the above order, the petitioner has come up with the above writ petition, seeking a Mandamus, to direct the respondent to release the timber. 6. The learned Special Government Pleader expressed an apprehension that a blanket order for the removal of the logs of timber may be prejudicial to the interest of the environment, since the petitioner may even cut and remove the live trees. But the said apprehension can be removed by directing the District Forest Officer to personally supervise the removal of the old logs. Though it is also possible to appoint an Advocate Commissioner to ensure that only the trees which were already cut and fell are removed, I do not think that it is necessary to do so, when the respondent can be physically present. 7. In view of the above, the writ petition is disposed of with the following directions:- (i) If the order dated 25.10.2010 passed by the District Collector as the Chairman of the Hill Area Conservation Committee in his proceedings Na.Ka.No.38220/08/E3 has attained finality and if the same relates to the trees cut and fell by the owner of the aforesaid land, the respondent shall allow the petitioner to remove the same. (ii) But the respondent viz., the District Forest Officer shall be physically present at the spot and inspect the wooden logs and ensure that what is sought to be removed is only the trees which were cut and fell in the year 2001. Since the wooden logs would have actually become seasoned due to efflux of time, the respondent shall be physically present and ensure that only the same logs are removed and no fresh cutting and felling of trees take place. https://hcservices.ecourts.gov.in/hcservices/ 3 (iii) If the order of the Hill Area Conservation Committee has not attained finality or if there is any other impediment for permitting the petitioner to remove the wooden logs, the respondent shall communicate the same to the petitioner, within a period of two weeks from the date of receipt of a copy of this order. 8. The writ petition is disposed of with the above directions. No costs. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To The District Forest Officer, The District Forest Office, Collectorate, Dindigul. WP(MD)No.10141 of 2011 09.11.2011 svn sma/24.1.2012/2c/3p https://hcservices.ecourts.gov.in/hcservices/