O R D E R

This Writ Petition is filed praying for issuance of a praying for issuance of a Writ of Mandamus, to forbear the 5th to 7th respondents from in any manner attempting to prevent the petitioner from executing the permission already accorded by the 4th respondent in its proceedings No.Moo.Mu.(M1)/8318/2019 Mu.Va.No.686, dated 23.10.2021, for laying water pipelines to the petitioner's private patta land, admeasuring 9.99 acres, situated at Survey No.583/1A1, in Patta No.1407, under Serial No.103, in Surulacode Village, Kalakulam Circle, Kanyakumari District.

2. The contention of the petitioner is that he is the owner of the patta land comprising of estate of Cardamom and cloves, admeasuring about 9.99 acres, in Survey No. 583/1A1, in Patta No. 1407, under Serial No. 103, in Surulacode Village Kalakulam Circle, Kanyakumari District, which purchased through sale deed, dated 31.01.1977. After purchase, he is developing the land as a private forest. After several personal and written representations, including the filing of the Writ Petition in W.P.(MD)No.10790 of 2019 and WMP(MD)No.8237 of 2019, the Hill Areas Preservation Committee represented by the 4th respondent, accorded limited sanction, by communication, dated 23.10.2021, in proceedings Moo.Mu.(M1)/8318/2019, to lay a water pipeline within the petitioner's private forest to grow spice plants. When the petitioner made an attempt to implement the requirements of the labourers/consultants for laying the water pipeline, the Forest Department personnel prevented the same. Further, the respondents 5 to 7 in one manner or the other attempting to erect check posts, placed barricades under the guise of checking the tourists, eventually harassing the estate owners enquiring for needless details.

3. Petitioner needed to carry some pipe lengths, few bags of cement, a little quantity of 'M' Sand and small jelly stones to divert a wee bit of the rivulet flowing through the petitioner's patta land into the water tank built about 45 years ago, within his patta land. The contractor, for reasons best known to the Forest Department, advised to once again make a formal application to the Assistant Conservator of Forests, Aralvaimoli. The petitioner made application in writing on 16.04.2022, enclosing the formal sanction letter issued by the 4th respondent. However, the petitioner was informed that the 6th respondent called upon to inspect the site and give his report to the higher ups. The persons deputed for inspection from the Forest Department started complaining that the survey stones could nto be located and that inspection could not be completed. Subsequently, the petitioner was informed that he cannot access or use the water without further permission of the fourth respondent. Hence, the petitioner filed this writ petition with the aforesaid prayer.

4. The learned counsel appearing for the petitioner submitted that the District Collector, who is the Chairman of the District Forest Committee, passed a detailed order in proceedings No.Moo.Mu.(M1)/8318/2019 dated 23.10.2021, wherein, the reference and consultation by the Revenue Officials, Forest Officials as well as Agricultural Department and others narrated. Thereafter, the District Forest Committee Meeting held on 23.10.2021. In the District Forest Committee Meeting, the District Forest Officer considered the petitioner's representation and permitted to put up the water pipe line in his patta land, comprised in S.No.583/1A1. It is taking into consideration under the Tamil Nadu Preservation of Private Forests (Extension to Kanyakumari District) Act, 1979. After getting permission from the District Forest Committee, he put up the pipe line, which was objected by the Forest Officials.

5. The learned counsel for the petitioner produced topography of his property. From the topography, it is seen that there are six plots, of which, the petitioner owned a Plot No.1. He further submitted that as regards to the owners of the Plot Nos.2 to 6