IMPORTANT POINT
Balancing property rights with environmental conservation and the impact of invasive species on the environment.

ORDER :

Prayer in W.P. (MD) No. 17568/2023: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to grant permission to the petitioners to cut down the Eucalyptus Grandis Trees in the patta land of the petitioners in S. No. 592/1, 592/2 situated in Vadakavunji Village, Kodaikanal Taluk, Dindigul District and consequently, permit the petitioners to transport the same through the land in S. No. 12 situated in Vadakavunji Village, Kodaikanal Taluk, Dindigul District, measuring to an extent of 2 kms by considering the application of the petitioners dated 28.09.2022.

In W.P. (MD) No. 22285/2023: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order in C.P. No. 30/2022/C5 dated 01.09.2023 on the file of the first respondent, quash the same and further directing the respondents to permit the petitioner to cut down the Eucalyptus Grandis Trees in the patta land of the petitioners in S. No. 592/1 & 592/2 situated in Vadakavunji Village, Kodaikanal Taluk, Dindigul District and permit the petitioners to transport the same through the land in S. No. 12 situated in Vadakavunji Village, Kodaikanal Taluk, Dindigul District, measuring to an extent of 2 kms.

1. The petitioners are the owners of the land in S. Nos. 592/1, 592/2 in Vadakavunji Village, Kodaikanal Taluk, Dindigul District. The lands have been purchased by the petitioners in the year 2015. They have also obtained patta for the said lands. As on date, there are 1404 Eucalyptus Grandis Trees in these lands. The petitioners, with an intention to remove these trees and put some cultivation, sought permission from the first respondent/the Chairman of Hill Areas (Preservation of Trees) Committee on 28.09.2022.

2. The first respondent has not passed any orders in the said representation and therefore, the petitioners have approached this Court by way of W.P. (MD) No. 17568 of 2023 for a mandamus directing the respondents to grant permission to cut down the Eucalyptus Grandis Trees from their patta land and for a consequential direction to permit them to transport the same through the land in S. No. 12, by considering their representation dated 28.09.2022.

3. The second respondent is having serious objections that the petitioners’ lands are classified as assessed tharisu lands, surrounded by S. No. 12, which belongs to Forest Department and that there is no right of pathway for the petitioners inside the forest land. The second respondent further stated that the land in S. No. 12 is a part and parcel of Vadakavunji Village, which was an ex-jamin village, taken over by the Government on 09.12.1950 under the Tamil Nadu Estate Abolition Act, 1949, vide G.O.MS. No. 3157, Revenue Department, dated 09.12.1950 and was transferred to Forest Department on 01.07.1951 vide G.O.MS. No. 1416, Revenue Department, dated 02.06.1951. There are six or seven streams inside Survey No. 12 and that grant of a right of pathway will create disturbances to the animals and animal habitats. As such, construction of any road to the field would affect the natural stream and it would be an offence. It is also stated that these lands are coming under the purview of eco-sensitive zone and there is a prohibition and non forest activities to safeguard the environment and therefore, there is no possibility of providing a pathway within the eco-sensitive zone.

4. When the matter came up for hearing on 04.09.2023, it is represented by the petitioners’ Counsel that a ghat road is available. However, the respondents refuted the same that there is no road at all. But, the petitioners’ Counsel produced a video clipping showing the pathway. Therefore, this Court, by order dated 04.09.2023, appointed an Advocate Commissioner to inspect the site and to ascertain as to whether any ghat road is available, as claimed by the petitioners. The Ad