IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 15.02.2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.1045 of 2006 & W.P.M.P.No.1186 of 2006 J.I.Joghee ... Petitioner Versus 1.The District Collector Cum-Chairman of the Committee under the Tamilnadu Hill Stations(Preservation of Trees) Act, 1955 Udhaghamandalam,Nilgiris 2.The District Forest Officer Nilgiris North Division Udhagamandalam The Nilgiris. 3.The Forest Range Officer Nilgiris North Division Forest Department Kothari, P.O.,Nilgiris 4.The Tahsildar Kotagiri Taluk Kotagiri, Nilgiris ... Respondents Prayer: This petition has been filed seeking for a writ of Mandamus, to direct the 1st Respondent (as the Chairman of the Tree Cutting Committee for the Nilgiris District) to consider the Petitioner's application dated 11.07.2003 submitted I Form No.1 of Rule 5 and Section 3(1)(b) of the Tamil Nadu Hill Areas (Preservation of Trees) Act 1955 and grant permission to the Petitioner to cut and remove the wind fallen Rose wood tree in Survey No.102, Jackanarai Village, Kotagiri Taluk, the Nilgiris District within a time to be stipulated by this Court. https://hcservices.ecourts.gov.in/hcservices/ For Petitioner : Mr.Sajeev Kumar For Respondents : Mr.S.Sivashanmugam (R1 and R4) Government Advocate. Mr.S.N.Kirubanandam Special Government Pleader (F) (R2 and R3) O R D E R Heard the learned counsel appearing for the petitioner and the learned counsels appearing for the respondents. 2. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner has submitted that it would suffice, if the first respondent is directed to consider and dispose of the application, dated 11.07.2003, submitted with Form No.1, prescribed by Rule 5 and Section 3(1)(b) of the Tamil Nadu Hill Areas (Preservation of Trees) Act 1955, on merits, within a specified period. 3. The learned counsels appearing on behalf of the respondents, has no objection for such an order being passed by this Court. 4. In view of the submissions made by the learned counsels appearing on either side, the first respondent is directed to consider and dispose of the application, dated 11.07.2003, on merits and in accordance with law, after giving an opportunity of hearing to the petitioner, within a period of 12 weeks from the date of receipt of a copy of this order. The petitioner is directed to furnish a copy of the application, dated 11.07.2003, to the first respondent, along with a copy of this order. However, it is made clear that this Court, by this order, has not expressed any opinion on the merits of the matter. The writ petition is disposed of accordingly. No costs. Consequently, connected M.P is closed. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. arr https://hcservices.ecourts.gov.in/hcservices/ To 1.The District Collector Cum-Chairman of the Committee under the Tamilnadu Hill Stations(Preservation of Trees) Act, 1955 Udhaghamandalam,Nilgiris 2.The District Forest Officer Nilgiris North Division Udhagamandalam The Nilgiris. 3.The Forest Range Officer Nilgiris North Division Forest Department Kothari, P.O.,Nilgiris 4. The Tahsildar Kotagiri Taluk Kotagiri, Nilgiris 1 cc to Government Pleader, SR. 10170 Writ Petition No.1045 of 2006 GV (CO) kk 24/2 https://hcservices.ecourts.gov.in/hcservices/