V.M. Jayashankar vs The Secretary to Government, Environment and Forest Department, The Director, Environment and Forest Department, The Forest Officer and Mr. Dakshinamurthy

R. Sudhakar, J.—Writ Petition is filed praying to issue a Writ of Mandamus, directing the Respondents 1 to 3 to remove the plantations made by them by encroaching over the Petitioner''s house site plots and plots belonging to the purchasers from the Petitioners in Punja S. No. 140 of Venugopalapuram Village, No. 52, Thiruthani Taluk, Thiruvallur District.

Mr. S.N. Kirubanandham, learned Special Government Pleader, takes notice on behalf of the Respondents 1 to 3. In view of the order that is to be passed, the notice to the fourth Respondent is dispensed with. By consent of both parties, the writ petition is taken up for final disposal.

Petitioner has given a representation on 18.11.2010 to the Respondents 1 to 3, more particularly to the third Respondent. The gist of the representation is that the Petitioner''s co-brother Mr. Dakshinamurthy, the fourth Respondent herein developed Petitioner''s land as house site plots by name Easwari Nagar and sold the house site plots to various purchasers and some plots were not sold. The further claim of the Petitioner is that the third Respondent Forest Officer in the guise of protecting forest land, he is engaged in forest plantation in the Petitioner''s patta land. Hence, Petitioner has requested the third Respondent to remove the plantation and the encroachment over the house site plots.

In the affidavit filed in support of the writ petition, there are allegations against the said Dakshinamurthy, the co-brother of the Petitioner stating that he unauthorisedly sold the properties to the third parties and that he is going to file a civil suit against the fourth Respondent.

As rightly pointed out by Mr. S.N. Kirupanandham, learned Special Government Pleader appearing for the Respondents 1 to 3, this Court is not inclined to go into the merits of the Petitioner''s claim particularly on disputed facts except to direct the third Respondent to consider the representation dated 18.11.2010 on its own merits and in accordance with law if not already disposed of and give a suitable reply to the Petitioner as to whether his claim is justified in law.

The Writ Petition is disposed of as above. No costs. Consequently, connected miscellaneous petition is closed.