The court ruled that lawful permissions for installations in social forest areas supersede claims of unauthorized encroachment unsubstantiated by evidence.

[Order of the Court was made by P.VELMURUGAN, J.] This Writ Petition is filed, seeking for Writ of Mandamus, to forbear the respondents 3 and 4 from allowing the respondents 5 and 6 to supply the electricity to TANGEDCO 400/230 KV Station, Kanarpatty Village, Tirunelveli District through the electrical transmission lines installed in the Government (forest) land comprised in Survey No.446, situated at Vagaikulam Village, Manoor Taluk, Tirunelveli District and consequently, to direct the 2nd respondent to take action against the respondents 5 and 6 as per law and remove the electrical poles and line installed in the said Government (forest) land within the time stipulated by this Court.

2.The learned counsel appearing for the petitioner would submit that the respondents 5 and 6 are the group company of Pioneer Group and they are carrying out the solar project in Vagaikulam Village, Manur Taluk, Tirunelveli District. In the month of April, 2024, when the respondents 5 and 6 had been trying to erect electric poles by trespassing into the petitioner-s properties, the petitioner filed W.P.(MD)No.9152 of 2024, wherein this Court, vide interim order dated 12.04.2024, directed the respondents 3 and 4 not to grant any line permission to the respondents 5 and

6. According to the petitioner, when the interim order is in force, the respondents 5 and 6 have encroached into the forest land adjacent to the petitioner-s lands in unlawful manner without obtaining any permission from the 2nd respondent. Therefore, the petitioner has filed the present Writ Petition.

3.The 2nd respondent filed counter, by stating that in the year 1996 Vaigaikulam Odai plantation was raised in the land in Survey No.446 of Vagaikulam Village and the Forest Range Officer, Palayamkottai Range of Social Forestry and Extension Division, Tirunelvlei recommended to install 12 poles only, instead of 15 poles requested by the TANGEDCO, since the land is under the control of the Forest Department. Based on the report of the Forest Range Officer, Palayamkottai, permission to the Assistant Executive Engineer, Rural / Distribution, TANGEDCO, Tirunelveli was conveyed by the 2nd respondent in his letter dated 30.03.2024 to install 12 poles with certain stipulated conditions 4.It is further stated that the Survey No.446 of Vaigaikulam has not been notified as Reserved Forest as per the provisions of the Tamil Nadu Forest Act, 1882 and all trees are found to be very stunted growth with thinly trees and spread sparsely and it will be useful only for firewood, as it does not have any timber value. Since necessary permission was given for installation of 12 poles in the plantation area of the Divisional Forest Officer, Social Forestry and Extension Division, the allegation made by the writ petitioner is not sustainable. The Vagaikulam plantation is under the control of the Divisional Forest Officer, Social Forestry and Extension Division and the land belongs to the Revenue Department. The Assistant Executive Engineer, Rural / District Division, TANGEDCO sought for permission of the Divisional Forest Officer, Social Forestry due to the reason that their line / wire would pass through 1996 Vagaikulam plantation of the Forest Department. Since the petitioner as a local person knows all the above details, he tries to suppress the same for the best reasons known to him.

Therefore, the writ petitioner is not entitled to get the relief as sought for in this Writ Petition.

5.The 3rd respondent has filed counter, stating that the subject land is classified as Social Forest, which is under the control of the Divisional Forest Officer, Social Forestry and Extension Division. After careful consideration of the application made by the respondents 5 and 6, the Divisional Forest Officer, Social Forestry and Extension Division, Tirunelveli granted permission for installation of 12 poles in the land in question, which is a social forestry plantation area and it is controlled over by the Forest Depa