Baheeswari Rani vs The State of Tamil Nadu

P. Jyothimani, J.—This writ petition is filed challenging the order of the fourth respondent, dated 27.9.2001, under which the fourth

respondent, while considering the application of the petitioner, has passed the order rejecting the permission sought for by the petitioner to remove

the dead and wind fallen trees on the ground that the estate is located in a core area of Kalakad Mundanthurai Tiger Reserve and forms part of the

sanctuary.

The fourth respondent has filed the counter affidavit, wherein, it is specifically admitted that the petitioner''s land, which is the subject matter in

this writ petition, is a patta land and the same is not declared as a wildlife sanctuary or national park, but is notified as a private forest as per the

provisions of the Tamil Nadu Preservation of Private Forests Act, 1949. It is not even the case of the fourth respondent that even in cases where

the land is notified as a private forest under the Tamil Nadu Preservation of Private Forests Act, 1949, the permission to remove the dead and

wind fallen trees cannot be granted.

While so, considering the contentions made in the counter affidavit, I am of the considered view that the impugned order passed by the fourth

respondent is unsustainable. In view of the same, the impugned order is set aside on the basis that the land involved is a patta land and the same is

not declared as a wildlife sanctuary or national park. Therefore, the fourth respondent is directed to grant necessary permission for the purpose of

removal of wind fallen trees and firewood from the patta land known as ""Kattalaimalai Estate"" comprised in S. No. 1168/1C 1L (an extent of

1515.67 acres) and S. No. 1168/3B (73.40 acres), Vikramasingapuram Part II Village, Ambasamudram Taluk, Tirunelveli District, in accordance

with law, within a period of four weeks from the date of receipt of a copy of this order.

The writ petition is allowed. Consequently, the connected miscellaneous petition is closed. There will be no order as to costs.