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DT.FOREST OFFICER versus J.PALATHINKAL

High Court of Madras

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Dt.Forest Officer v. J.Palathinkal - WA.No.1110 of 2004 [2007] RD-TN 1097 (24 March 2007)

IN THE HIGH COURT OF JUDICATURE AT MADRAS



Dated : 24.03.2007

Coram

The Honourable Mr. Justice P.SATHASIVAM

and

The Honourable Mr. Justice S.TAMILVANAN

Writ Appeal No.1110 of 2004

1. The District Forest Officer,

Theni,

Vaigai Veeran Alagamuthu District.

2. The Forest Ranger,

Megamalai Range,

Kadamalaikundu. .. Appellants Vs

Jose J. Palathinkal,

S/o. late Joseph Palathinkal .. Respondent Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 21.10.2003 in W.P.No.5597 of 1997 passed by the learned single Judge. For Appellant : Mr.Titus Jesudoss, Spl. Govt. Pleader (Forests) For Respondent : Mr.R. Singaravelan JUDGMENT



(Judgment of the Court was delivered by P. SATHASIVAM, J.) Aggrieved by the order of the learned single Judge dated 21.10.2003 made in W.P.No.5597 of 1997, the District Forest Officer, Theni, Vaigai Veeran Alagamuthu District and the Forest Ranger, Megamalai Range, Kadamalaikundu, have filed the above writ appeal.

2. Heard Mr.Titus jesudoss, Special Government Pleader(Forests) for the appellants.

3. The respondent herein-writ petitioner, questioning the order dated 10.04.1997 of the Forest Ranger, Megamalai Range, Kadamalaikundu, whereby the petitioner was not permitted to use the said path way (road) which runs from Kadukkakalam to Ammagajam for any vehicular traffic, has filed the writ petition. The learned single Judge, after hearing the counsel for both parties and on going through the order of the District Forest Officer who permitted the petitioner to use the pathway as road for vehicular traffic after paying necessary fees as per the terms and conditions, quashed the order passed by the second respondent, the Forest Ranger and allowed the writ petition.

4. It is not in dispute that after paying necessary fees as per the terms and conditions of the Forest Department, the writ petitioner was permitted to use the pathway as road for vehicular traffic by the competent authority, viz., District Forest Officer. In such circumstances, the Forest Ranger, who is an officer working under the District Forest Officer, cannot nullify the order of his superior. This aspect was taken note of by the learned single Judge and rightly allowed the writ petition. We are in agreement with the said conclusion arrived at by the learned single Judge and we do not find any merit in the appeal. Consequently, the writ appeal is dismissed. No costs.

5. It is made clear that for any reason, if the authority concerned viz., the District Forest Officer wants to revoke his order or impose conditions, he is free to do the same after affording an opportunity to the respondent herein-writ petitioner. raa To

1. The District Forest Officer,

Theni,

Vaigai Veeran Alagamuthu District.

2. The Forest Ranger,

Megamalai Range,

Kadamalaikundu.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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