THE HONOURABLE MR.JUSTICE v. LAKSHMINARAYANANWrit Petition No

W.P.No.32065 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 02.09.2025CORAM:THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANANWrit Petition No.32065 of 2025and WMP Nos.35938 & 35940 of 2025K. Anandh ... PetitionerVs.1. The State of TamilnaduRep By its Principal Secretary, Department of Forests and Environment, Fort St George, Chennai 600 009.2.The Principal Chief Conservator of Forest,O/o. The Principal Chief Conservator of Forest, (Head Of Forest Force) Forest Head Quarters, Guindy- Velachery Main Road, Chennai 600 032. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for, to issue a Writ of Certiorarified Mandamus, to call for the record of proceedings of the 2nd respondent in the impugned circular 1/9 https://www.mhc.tn.gov.in/judis W.P.No.32065 of 2025dated 09.03.2025 bearing Ref No. SF 2/004037/2025, quash paragraph No.5 of the same, consequently direct the 2nd respondent to issue fresh tender through online to all the districts for removal of the invasive species i.e. Prosopis Juliflora.For Petitioner: Mr.K.Krishnan For Respondents: Dr.T.Seenivasan Special Government Pleader********ORDERHeard Mr. K.Krishnan, learned counsel appearing for the petitioner and Dr.T.Seenivasan, learned Special Government Pleader appearing for the respondents.2. The petitioner claims to be a Forest Contractor, who challenges the Circular dated 09.03.2025 in Ref. No. SF2/2004037/2025. His plea is that the second respondent-Forest Department has inserted a Clause stating that removal of Seemai Karuvelam Trees viz. Prosopis Juliflora, should be done only by manual uprooting and not by using any heavy mechanical equipment. 2/9 https://www.mhc.tn.gov.in/judis W.P.No.32065 of 20253. Mr. Krishnan drew the attention of this Court to an order dated 28.03.2025, passed by a Division Bench of this Court in WP (MD) No.3633 of 2014. In paragraph No. 5 of the said order, the Division Bench had stated as follows:“5. We are afraid that such a condition will, in fact, stall the entire exercise of the removal of prosopis juliflora. When invasive species, like senna spectabilis are being uprooted by using machinery like JCB, it might not be feasible to remove mature prosopis juliflora without the aid of equipment like JCB. Normally, Prosopis juliflora is found spreading in the forests only in peripheral areas and not in the core areas. We, therefore, direct the Principal Chief Conservator of Forests (Head of Forest Force) to permit the use of JCB to remove the prosopis juliflora wherever necessary.”Relying on this observation, Mr. K.Krishnan states that despite the order passed by this Court directing the Principal Chief Conservator of Forest, who is also the head of Forest Force, to permit the use of JCB, the Forest Department continues to insist that Seemai Karuvelam Trees/Prosopis 3/9 https://www.mhc.tn.gov.in/judis W.P.No.32065 of 2025Juliflora must be uprooted only by using manual labour. 4. Taking note of the fact that the order of the Division Bench is indirectly being flouted, I requested the learned Government Pleader to seek the assistance of the Principal Chief Conservator of Forest (PCCF), Tamil Nadu, in this regard.5. In compliance with the order, Mr.R.Srinivas Reddy, IFS, who is the PCCF and the Head of the Forest Force, is present in Court today to assist the Special Government Pleader. He pointed out that the order dated 28.03.2025 (extracted above) had been modified by the Division bench on 04.04.2025. In the modified order, paragraphs 5 and 6 reads as follows:“5. With regard to the removal of Prosopis juliflora in forest area is concerned, on last occasion, we passed an order directing the Forest Department to permit the use of JCB to remove the Prosopis juliflora in the peripheral area. We have considered about the peripheral area in respect thereof. Today, the leamed Special Government Pleader would make a mention by circulating a letter from the Principal Chief Conservator of 4/9 https://www.mhc.tn.gov.in/judis W.P.No.32065 of 2025Forests (Head of Forest Force) to him stating that the Prosopis juliflora is not only in peripheral area but also in core area, if heavy machinery such as JCBs are used can lead to significant soil disturbance. The movement of heavy equipment can compact the soil, degrade the structure and damage the root systems of surrounding native plants.6. In this regard, letter does not address about the (i) peripheral area where eco-system is not there (ii) It also does not delineate about the alternatives, therefore, the learned Special Government Pleader is requested to come up with the instructions as to what they proposed to do considering the removal of Prosopis juliflora in peripheral, core and in intermediate areas. If JCB cannot be used, whether in any particular area smaller machineries along with plucking devices can be used or whether it would be enough to cut the trees alone and whether by debaking it can be prevented from regenerating and regrowth. Therefore, a detailed report have to be filed in this regard.”5/9 https://www.mhc.tn.gov.in/judis W.P.No.32065 of 20256. Mr.R.Srinivas Reddy, through the learned Government Pleader, also brought to the attention of this Court, a proceeding issued yesterday in SF2/4037/2025, dated 01.09.2025. In terms of these proceeding, an Action Plan has been drawn up for removal of Seemai Karuvelam Trees/ Prosopis Juliflora for the entire State of Tamil Nadu. This plan takes into consideration the existing local biodiversity of flora and fauna and also seeks to minimise soil erosion etc. 7. Insofar as the petitioner is concerned, he claims that he is in the business of removing Seemai Karuvelam Trees/ Prosopis Juliflora in the District of Villupuram. By the proceedings dated 01.09.2025, the Forest Department has modified its earlier stand that no mechanical equipment should be used, and has now permitted the following equipments viz. 1.Wheeled Backhoe Loader (Digger Machine),2.Chain Excavators and 3.Tractors and Trucks. 6/9 https://www.mhc.tn.gov.in/judis W.P.No.32065 of 20258. As this revised circular addresses the grievance of the petitioner, nothing more needs to be done than record the same and dispose of the Writ Petition. Accordingly, this Circular viz. Ref.SF2/4037/2025, dated 01.09.2025 is recorded and the Writ Petition is disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed. 9. This Court appreciates the able assistance that has been rendered by Mr.R.Srinivas Reddy, IFS, in resolving the issue that has been pending before the Court from March 2025.02.09.2025jvInternet: YesIndex: Yes/NoNeutral Citation : Yes/NoSpeaking order/Non Speaking order7/9 https://www.mhc.tn.gov.in/judis W.P.No.32065 of 2025To1. The Principal Secretary, Government of TamilnaduDepartment of Forests and Environment, Fort St George, Chennai 600 009.2.The Principal Chief Conservator of Forest,O/o. The Principal Chief Conservator of Forest, (Head Of Forest Force) Forest Head Quarters, Guindy- Velachery Main Road, Chennai 600 032.8/9 https://www.mhc.tn.gov.in/judis W.P.No.32065 of 2025V. LAKSHMINARAYANAN , J. jvWrit Petition No.32065 of 202502.09.20259/9