Writ Petition No. 4865 of 2025 · Madrasdated High Court · 2025
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W.P.No.4865 of 2025For Petitioner : Mr.N.R.Anantha Rama KrishnaFor Respondents 1 to 5 : Dr.T.Seenivasan, Special Government PleaderFor Respondent 6 : Mr.M.Rajendiran, Additional Government Pleader O R D E RThe relief sought by the petitioner in this writ petition is to direct the respondent to consider and dispose the representations of the petitioner dated 06.04.2022, 06.05.2022 & 01.08.2022, and reinstate in to service as per order of Labour Court dated 01.04.2022, in I.D.No.15 of 2018, on the file of Additional Labour Court, Coimbatore.2. The case of the Petitioner is that Petitioner has various Warehouses located across India and as far as Tamilnadu is concerned the Petitioner has Warehouse at Puducherry, Villupuram, Coimbatore, and Gummidipoondi, to cater to the demands of its customers and to deliver the materials sought for by them. The Warehouse in Gummidipoondi is located in an extent of 5.91 Acres comprised in Survey Numbers 464/1, 464/2A, 464/2B, 464/3A and 463/1 all at Nemalur Village, Gummidipoondi Taluk, Thiruvallur District. Page No.3 of 14 https://www.mhc.tn.gov.in/judis W.P.No.4865 of 2025The petitioner has constructed the said Warehouse with an approximate space of about 10,000 Sq.Ft. to supply the materials ordered by the petitioner's customers in and around Tamilnadu and nearby states of Andhra Pradesh, Karnataka and Kerala. In between the petitioner's aforesaid Warehouse and K.S.Road to Kannankottai Main Road, there is a strip of mud road in S.No.470, which runs West to East and connects the Petitione's Warehouse to K.S.Road Kannankottai Road on the East. The said strip of mud road is of a length of about 100 Metres and a width of 5 Metres. The said strip is the only access for the Petitioner's Warehouse from the K.S. Road. The grievance of the petitioner is that few personnel attached to the respondents 4 & 5, without any prior intimation, had come near the petitioner's warehouse on 30.01.2025 at around 4:30 P.M. and had proceeded to dig a deep trench measuring a width of 8½ feet North South and a depth of 4 feet across the Mud Strip Road right in front of the petitioner's Warehouse Gate and thereby paralysing the business operations of the petitioner. The petitioner has made representations to the respondents 4 & 5, requesting to close the dug up trenches immediately, right in front of the Petitioner's warehouse gate and to enable the Petitioner to operate its vehicles through the strip of land in Page No.4 of 14 https://www.mhc.tn.gov.in/judis W.P.No.4865 of 2025S.No.470 as before. Due to inaction on behalf of the respondents, the petitioner has come forward with the present writ petition.3. Learned counsel for the petitioner would submit that the aforesaid land was purchased twenty years back by way of sale deed and the warehouse was functioning for the last five years. He further submitted that though the strip of Mud Road in S.No.470 is classified as Reserve Forest strictly speaking it does not come under the definition of forest, since no forest could be identified in the said strip of land. However, the petitioner has also applied before the first respondent by way of registered post dated 04.02.2025 seeking for approval to use the mud road by lease or by exchanging it for the petitioner's patta land in S.No.464/3A, which is pending before the first respondent.4. Learned Special Government Pleader appearing for the respondents 1 to 5 submitted a written instruction dated 17.02.2025 from the Forest Range Officer/Fifth respondent, wherein in the reference column it is mentioned 1) Encroachment petition received from one Mr.Thangarasu S/o, Page No.5 of 14 https://www.mhc.tn.gov.in/judis W.P.No.4865 of 2025Kethu dated 13.12.2024; 2) Mr.Thangarasu S/o Kethu- petition to Police Station dated 25.1.2025; 3) Forest Range Officer letter to The Tahsildar – C.No.345/2024, dated 27.01.2025 and stated that the land belongs to Forest Department. On 30.01.2025, the Forest Range Office staffs were involved in digging up of trench across the road on the eastern side of the warehouse, after the verification of S.No.470 of Nemallur Reserve Forest with the help of Head Surveyor, Gummidipoondi Taluk, Surveyor and Village Administrative Officer, Nemallur Village and on the same day, the fifth respondent made report to the fourth respondent for further action.5. Heard the learned counsel on either side and perused the materials available on record.6. It is seen from the instruction of the fifth respondent that the action has been taken only because of the petition dated 13.12.2024 by one Mr.Thangarasu S/o Kethu to the respondents. It is an admitted fact that the land is classified as Reserve Forest Area of Nemallur Village and the authorities can take action in accordance with law against the Page No.6 of 14 https://www.mhc.tn.gov.in/judis W.P.No.4865 of 2025petitioner, but there is no necessity for the authorities to dig a deep trench in front of the petitioner's warehouse preventing the vehicular movements. The trenches are usually dug only in the forest area, where there are movement of elephants in order to prevent the elephants from entering into the villages or the road. In the case on hand, there is no threat by the elephants and it is not a dense forest area and there is no necessity of digging trench in the front of the petitioner's warehouse.7. The forest officials are supposed to be vigilant in protecting the forest area and in this case, it is crystal clear and evident that they were negligent and irresponsible in discharging their duties to protect the forest area. This Court is unable to understand how the forest department officials have not seen or noted that there is a mud road which in front of the warehouse of the petitioner for the last five years.8. This Courts observes that the Forest Officials were the mute spectators and the primary duty is cast upon them is only to protect and to retrieve the forest land, but they miserably failed to do so. However, Page No.7 of 14 https://www.mhc.tn.gov.in/judis W.P.No.4865 of 2025in the present case on hand, this action has been taken only on the behest of one Mr.Thankaraj S/o Kethu with some ulterior motive and malafide intention to disturb the petitioner from using the said mud road. In view of the above factual matrix of the case, this Court issues the following directions:(i) The fifth respondent/the Forest Range Officer is directed to close the trench, which was dug by their staffs in front of the petitioner's warehouse by tomorrow evening 05.00 P.M., i.e., on 19.02.2025.(ii) The petitioner is directed to apply through Parivesh Portal for exchanging of forest land for his patta land.9. This writ petition is disposed of with the aforesaid observation and direction. No costs. Consequently connected miscellaneous petitions are closed. 10. List the case on 21.02.2025 under the caption “For Reporting Compliance”. 18.02.2025 vmIndex:Yes/NoSpeaking Order:Yes/NoNeutral Citation:Yes/NoPage No.8 of 14 https://www.mhc.tn.gov.in/judis W.P.No.4865 of 2025To:1.The Principal Secretary, Department of Environment, Climate Change and Forests, Secretariat, Chennai – 600 009.2.The Principal Conservator of Forests, Department of Environment, Climate Change and Forests, Forest Headquarters Building, Guindy-Velacherry Main Road, Guindy, Chennai – 600 032. 3.The Chief Conservator of Forest, Department of Environment, Climate Change and Forests, DMS Campus, Anna Salai, Teynampet, Chennai – 600 018. 4.The District Forest Officer, Thiruvallur District, Thiruvallur – 602 001. 5.The Forest Range Officer, Gummidipoondi Taluk @ Madharpakkam, Thiruvallur District – 601 202.6.The District Collector, Thiruvallur District, Thiruvallur – 602 001.Page No.9 of 14 https://www.mhc.tn.gov.in/judis W.P.No.4865 of 2025J.SATHYA NARAYANA PRASAD,J.vm W.P.No.4865 of 202518.02.2025Page No.10 of 14 https://www.mhc.tn.gov.in/judis W.P.No.4865 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 24.02.2025CORAM:THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASADW.P.No.4865 of 2025andW.M.P.Nos.5391 & 5392 of 2025M/s.Pushpit Green Power Private Limited,Rep. by its Authorised Signatory,Mr.Navratan Gour,Having its Registered Office,No.163/1, K Sons Complex,Prakasam Salai, Broadway,Chennai - 600 108....Petitioner-Vs-1.The Government of Tamil Nadu, Rep. by Principal Secretary, Department of Environment, Climate Change and Forests, Secretariat, Chennai - 600 009.2.The Principal Conservator of Forests, Department of Environment, Climate Change and Forests, Forest Headquarters Building, Guindy-Velacherry Main Road, Guindy, Chennai - 600 032. Email id: [email protected] No.11 of 14 https://www.mhc.tn.gov.in/judis W.P.No.4865 of 20253.The Chief Conservator of Forest, Department of Environment, Climate Change and Forests, DMS Campus, Anna Salai, Teynampet, Chennai -600 018. Email id : [email protected] District Forest Officer, Thiruvallur District, Thiruvallur - 602 001. Email id : [email protected] Forest Range Officer, Gummidipoondi Taluk @ Madharpakkam, Thiruvallur District - 601 202.6.The District Collector, Thiruvallur District, Thiruvallur - 602 001....RespondentsFor Petitioner: Mr.N.R.Anantha Rama KrishnaFor R1 to R5: Mr.S.Rajesh, Government AdvocateFor R6: Mr.M.Rajendiran, Additional Government Pleader O R D E R Today, 24.02.2025, the above writ petition is posted under the caption ''For Being Mentioned'' at the instance of the learned Government Advocate Page No.12 of 14 https://www.mhc.tn.gov.in/judis W.P.No.4865 of 2025appearing for respondents 1 to 5. 2. As per the submission of the learned Government Advocate appearing for respondents 1 to 5 in W.P.No.4865 of 2025, he seeks the modification of the order.3. Considering the submission of the learned Government Advocate, it is modified and the order dated 18.02.2025, should be read as follows:“5. Heard the learned counsel on either side and perused the materials available on record. 6. It is seen from the instruction of the fifth respondent that the action has been taken only because of the petition dated 13.12.2024 by one Mr.Thangarasu S/o Kethu to the respondents. It is an admitted fact that the land is classified as Reserve Forest Area of Nemallur Village and the authorities can take action in accordance with law against the petitioner, but there is no necessity for the authorities to dig a deep trench in front of the petitioner's warehouse preventing the vehicular movements. The trenches are usually dug only in the forest area, where there are movement of elephants in order to prevent the elephants from entering into the villages or the road. In the case on hand, there is no threat by the elephants and it is not a dense forest area and there is no necessity of digging trench in the front of the petitioner's warehouse. 7. In the present case on hand, this action has been taken only on the behest of one Mr.Thankaraj S/o Kethu with some ulterior motive and mala fide intention to disturb Page No.13 of 14 https://www.mhc.tn.gov.in/judis W.P.No.4865 of 2025the petitioner from using the said mud road. In view of the above factual matrix of the case, this Court issues the following directions:(i) The fifth respondent/the Forest Range Officer is directed to close the trench, which was dug by their staffs in front of the petitioner's warehouse by tomorrow evening 05.00 P.M., i.e., on 19.02.2025.(ii) The petitioner is directed to apply through Parivesh Portal for exchanging of forest land for his patta land. 8. This writ petition is disposed of with the aforesaid observation and direction. No costs. Consequently connected miscellaneous petitions are closed.” 4. Registry is directed to carry out the necessary corrections and issue a fresh order copy to both parties. 24.02.2025cdaW.P.No.4865 of 2025Page No.14 of 14
W.P.No.4865 of 2025For Petitioner : Mr.N.R.Anantha Rama KrishnaFor Respondents 1 to 5 : Dr.T.Seenivasan, Special Government PleaderFor Respondent 6 : Mr.M.Rajendiran, Additional Government Pleader O R D E RThe relief sought by the petitioner in this writ petition is to direct the respondent to consider and dispose the representations of the petitioner dated 06.04.2022, 06.05.2022 & 01.08.2022, and reinstate in to service as per order of Labour Court dated 01.04.2022, in I.D.No.15 of 2018, on the file of Additional Labour Court, Coimbatore.2. The case of the Petitioner is that Petitioner has various Warehouses located across India and as far as Tamilnadu is concerned the Petitioner has Warehouse at Puducherry, Villupuram, Coimbatore, and Gummidipoondi, to cater to the demands of its customers and to deliver the materials sought for by them. The Warehouse in Gummidipoondi is located in an extent of 5.91 Acres comprised in Survey Numbers 464/1, 464/2A, 464/2B, 464/3A and 463/1 all at Nemalur Village, Gummidipoondi Taluk, Thiruvallur District. Page No.3 of 14 https://www.mhc.tn.gov.in/judis W.P.No.4865 of 2025The petitioner has constructed the said Warehouse with an approximate space of about 10,000 Sq.Ft. to supply the materials ordered by the petitioner's customers in and around Tamilnadu and nearby states of Andhra Pradesh, Karnataka and Kerala. In between the petitioner's aforesaid Warehouse and K.S.Road to Kannankottai Main Road, there is a strip of mud road in S.No.470, which runs West to East and connects the Petitione's Warehouse to K.S.Road Kannankottai Road on the East. The said strip of mud road is of a length of about 100 Metres and a width of 5 Metres. The said strip is the only access for the Petitioner's Warehouse from the K.S. Road. The grievance of the petitioner is that few personnel attached to the respondents 4 & 5, without any prior intimation, had come near the petitioner's warehouse on 30.01.2025 at around 4:30 P.M. and had proceeded to dig a deep trench measuring a width of 8½ feet North South and a depth of 4 feet across the Mud Strip Road right in front of the petitioner's Warehouse Gate and thereby paralysing the business operations of the petitioner. The petitioner has made representations to the respondents 4 & 5, requesting to close the dug up trenches immediately, right in front of the Petitioner's warehouse gate and to enable the Petitioner to operate its vehicles through the strip of land in Page No.4 of 14 https://www.mhc.tn.gov.in/judis W.P.No.4865 of 2025S.No.470 as before. Due to inaction on behalf of the respondents, the petitioner has come forward with the present writ petition.3. Learned counsel for the petitioner would submit that the aforesaid land was purchased twenty years back by way of sale deed and the warehouse was functioning for the last five years. He further submitted that though the strip of Mud Road in S.No.470 is classified as Reserve Forest strictly speaking it does not come under the definition of forest, since no forest could be identified in the said strip of land. However, the petitioner has also applied before the first respondent by way of registered post dated 04.02.2025 seeking for approval to use the mud road by lease or by exchanging it for the petitioner's patta land in S.No.464/3A, which is pending before the first respondent.4. Learned Special Government Pleader appearing for the respondents 1 to 5 submitted a written instruction dated 17.02.2025 from the Forest Range Officer/Fifth respondent, wherein in the reference column it is mentioned 1) Encroachment petition received from one Mr.Thangarasu S/o, Page No.5 of 14 https://www.mhc.tn.gov.in/judis W.P.No.4865 of 2025Kethu dated 13.12.2024; 2) Mr.Thangarasu S/o Kethu- petition to Police Station dated 25.1.2025; 3) Forest Range Officer letter to The Tahsildar – C.No.345/2024, dated 27.01.2025 and stated that the land belongs to Forest Department. On 30.01.2025, the Forest Range Office staffs were involved in digging up of trench across the road on the eastern side of the warehouse, after the verification of S.No.470 of Nemallur Reserve Forest with the help of Head Surveyor, Gummidipoondi Taluk, Surveyor and Village Administrative Officer, Nemallur Village and on the same day, the fifth respondent made report to the fourth respondent for further action.5. Heard the learned counsel on either side and perused the materials available on record.6. It is seen from the instruction of the fifth respondent that the action has been taken only because of the petition dated 13.12.2024 by one Mr.Thangarasu S/o Kethu to the respondents. It is an admitted fact that the land is classified as Reserve Forest Area of Nemallur Village and the authorities can take action in accordance with law against the Page No.6 of 14 https://www.mhc.tn.gov.in/judis W.P.No.4865 of 2025petitioner, but there is no necessity for the authorities to dig a deep trench in front of the petitioner's warehouse preventing the vehicular movements. The trenches are usually dug only in the forest area, where there are movement of elephants in order to prevent the elephants from entering into the villages or the road. In the case on hand, there is no threat by the elephants and it is not a dense forest area and there is no necessity of digging trench in the front of the petitioner's warehouse.7. The forest officials are supposed to be vigilant in protecting the forest area and in this case, it is crystal clear and evident that they were negligent and irresponsible in discharging their duties to protect the forest area. This Court is unable to understand how the forest department officials have not seen or noted that there is a mud road which in front of the warehouse of the petitioner for the last five years.8. This Courts observes that the Forest Officials were the mute spectators and the primary duty is cast upon them is only to protect and to retrieve the forest land, but they miserably failed to do so. However, Page No.7 of 14 https://www.mhc.tn.gov.in/judis W.P.No.4865 of 2025in the present case on hand, this action has been taken only on the behest of one Mr.Thankaraj S/o Kethu with some ulterior motive and malafide intention to disturb the petitioner from using the said mud road. In view of the above factual matrix of the case, this Court issues the following directions:(i) The fifth respondent/the Forest Range Officer is directed to close the trench, which was dug by their staffs in front of the petitioner's warehouse by tomorrow evening 05.00 P.M., i.e., on 19.02.2025.(ii) The petitioner is directed to apply through Parivesh Portal for exchanging of forest land for his patta land.9. This writ petition is disposed of with the aforesaid observation and direction. No costs. Consequently connected miscellaneous petitions are closed. 10. List the case on 21.02.2025 under the caption “For Reporting Compliance”. 18.02.2025 vmIndex:Yes/NoSpeaking Order:Yes/NoNeutral Citation:Yes/NoPage No.8 of 14 https://www.mhc.tn.gov.in/judis W.P.No.4865 of 2025To:1.The Principal Secretary, Department of Environment, Climate Change and Forests, Secretariat, Chennai – 600 009.2.The Principal Conservator of Forests, Department of Environment, Climate Change and Forests, Forest Headquarters Building, Guindy-Velacherry Main Road, Guindy, Chennai – 600 032. 3.The Chief Conservator of Forest, Department of Environment, Climate Change and Forests, DMS Campus, Anna Salai, Teynampet, Chennai – 600 018. 4.The District Forest Officer, Thiruvallur District, Thiruvallur – 602 001. 5.The Forest Range Officer, Gummidipoondi Taluk @ Madharpakkam, Thiruvallur District – 601 202.6.The District Collector, Thiruvallur District, Thiruvallur – 602 001.Page No.9 of 14 https://www.mhc.tn.gov.in/judis W.P.No.4865 of 2025J.SATHYA NARAYANA PRASAD,J.vm W.P.No.4865 of 202518.02.2025Page No.10 of 14 https://www.mhc.tn.gov.in/judis W.P.No.4865 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 24.02.2025CORAM:THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASADW.P.No.4865 of 2025andW.M.P.Nos.5391 & 5392 of 2025M/s.Pushpit Green Power Private Limited,Rep. by its Authorised Signatory,Mr.Navratan Gour,Having its Registered Office,No.163/1, K Sons Complex,Prakasam Salai, Broadway,Chennai - 600 108....Petitioner-Vs-1.The Government of Tamil Nadu, Rep. by Principal Secretary, Department of Environment, Climate Change and Forests, Secretariat, Chennai - 600 009.2.The Principal Conservator of Forests, Department of Environment, Climate Change and Forests, Forest Headquarters Building, Guindy-Velacherry Main Road, Guindy, Chennai - 600 032. Email id: [email protected] No.11 of 14 https://www.mhc.tn.gov.in/judis W.P.No.4865 of 20253.The Chief Conservator of Forest, Department of Environment, Climate Change and Forests, DMS Campus, Anna Salai, Teynampet, Chennai -600 018. Email id : [email protected] District Forest Officer, Thiruvallur District, Thiruvallur - 602 001. Email id : [email protected] Forest Range Officer, Gummidipoondi Taluk @ Madharpakkam, Thiruvallur District - 601 202.6.The District Collector, Thiruvallur District, Thiruvallur - 602 001....RespondentsFor Petitioner: Mr.N.R.Anantha Rama KrishnaFor R1 to R5: Mr.S.Rajesh, Government AdvocateFor R6: Mr.M.Rajendiran, Additional Government Pleader O R D E R Today, 24.02.2025, the above writ petition is posted under the caption ''For Being Mentioned'' at the instance of the learned Government Advocate Page No.12 of 14 https://www.mhc.tn.gov.in/judis W.P.No.4865 of 2025appearing for respondents 1 to 5. 2. As per the submission of the learned Government Advocate appearing for respondents 1 to 5 in W.P.No.4865 of 2025, he seeks the modification of the order.3. Considering the submission of the learned Government Advocate, it is modified and the order dated 18.02.2025, should be read as follows:“5. Heard the learned counsel on either side and perused the materials available on record. 6. It is seen from the instruction of the fifth respondent that the action has been taken only because of the petition dated 13.12.2024 by one Mr.Thangarasu S/o Kethu to the respondents. It is an admitted fact that the land is classified as Reserve Forest Area of Nemallur Village and the authorities can take action in accordance with law against the petitioner, but there is no necessity for the authorities to dig a deep trench in front of the petitioner's warehouse preventing the vehicular movements. The trenches are usually dug only in the forest area, where there are movement of elephants in order to prevent the elephants from entering into the villages or the road. In the case on hand, there is no threat by the elephants and it is not a dense forest area and there is no necessity of digging trench in the front of the petitioner's warehouse. 7. In the present case on hand, this action has been taken only on the behest of one Mr.Thankaraj S/o Kethu with some ulterior motive and mala fide intention to disturb Page No.13 of 14 https://www.mhc.tn.gov.in/judis W.P.No.4865 of 2025the petitioner from using the said mud road. In view of the above factual matrix of the case, this Court issues the following directions:(i) The fifth respondent/the Forest Range Officer is directed to close the trench, which was dug by their staffs in front of the petitioner's warehouse by tomorrow evening 05.00 P.M., i.e., on 19.02.2025.(ii) The petitioner is directed to apply through Parivesh Portal for exchanging of forest land for his patta land. 8. This writ petition is disposed of with the aforesaid observation and direction. No costs. Consequently connected miscellaneous petitions are closed.” 4. Registry is directed to carry out the necessary corrections and issue a fresh order copy to both parties. 24.02.2025cdaW.P.No.4865 of 2025Page No.14 of 14