The above writ petition has been filed for the issuance of a writ of certiorari to call for the records of the first respondent in C.M.A. No.23 of 2005 dated 13.12.2005 by setting aside the order of the third respondent in R.C.A. No.810 of 1998 dated 20.5.2003, and quash the same.

2. When the matter came up for admission on 13.4.2006, Mrs. Selvi George took notice on behalf of the Special Government Pleader (Forest) for Respondents 2 and 3 and submitted that against the judgment and decree passed by the First respondent-Appellate Authority, District Judge, Udhagamandalam, only a second appeal under Section 100 of CPC can be filed and not the writ petition. At the request of the counsel on either side, the case was adjourned and that is how the matter is listed today.

3. There is no dispute that the impugned proceedings in the above writ petition is the judgment and decree dated 13.12.2005 passed in C.M.A. No. 23 of 2005 on the file of the District Judge, Udhagamandalam.

4. Section 10(2) of the Tamil Nadu Forest Act, 1882 reads as follows:

“10(2) Rejected Claims’ Appeals: If such claim is rejected wholly or in part, the claimant may, within thirty days from the date of the order, p