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2025 Supreme(Online)(Mad) 16882
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, A.D.MARIA CLETE, JJ
S.Ganapathy – Appellant
Versus
The District Collector – Respondent
W.P.(MD) No.3585 of 2025
Mr.R.Karthic Rajan, Mr.P.Thilakkumar Government Pleader for R1 to R7, Mr.S.Malaikani for R8
Without statutory prohibition, a writ of mandamus cannot be granted for the removal of eucalyptus trees from private lands.
Headnote:(A) Tamil Nadu Forest Act, 1882 - Eucalyptus trees - Writ petition for mandamus to remove eucalyptus trees from private lands - Court held that in absence of statutory prohibition, relief cannot be granted - Forest Department has no jurisdiction over eucalyptus trees on private patta lands. (Paras 2, 3, 4)
(B) Jurisdiction - The court emphasized that without a statutory basis for the claim, the petitioner must seek redress from the District Collector. (Para 4)
Facts of the case:
The petitioner sought a writ of mandamus to remove eucalyptus trees cultivated by the eighth respondent in private agricultural lands, claiming statutory rights.
Findings of Court:
The court found no statutory prohibition against the cultivation of eucalyptus trees on private lands and stated that the Forest Department does not have jurisdiction over such matters.
Issues: The main issue was whether the court could grant relief regarding eucalyptus trees cultivated on private lands without statutory backing.
Ratio Decidendi: The court ruled that without a statutory prohibition or relevant rules, the relief sought cannot be granted, and the petitioner should approach the District Collector for action.
Result: Writ petition disposed of.
ORDER
[Order of the Court was made by S.M.SUBRAMANIAM, J.]
This writ petition has been filed for issuance of a writ of mandamus directing the first respondent to remove all eucalyptus trees cultivated by the eighth respondent in the agriculture lands at Mudukkurani Village, Andichiyurani Post, Kalaiyarkovil Taluk, Sivagangai District, within a time stipulated by this Court.
2. In the absence of any prohibition under the statute or the Rules in force, the relief as such sought for in this writ petition cannot be granted.
3. Learned Government Pleader appearing for the respondents 1 to 7 brought to the notice of this Court that in a similar matter in W.P.(MD) No.70 of 2023, the Forest Department has filed a counter affidavit stating that writ petitions relating to eucalyptus trees do not come under the purview of the Forest Department under the Tamil Nadu Forest Act , 1882 and the Forest Department does not have any vested right to act upon the grievance of the petitioner relating to eucalyptus trees raised in the private patta lands.
4. In view of above, if at all the petitioner is able to establish any prohibition under the statute or the Rules in force, he is at liberty to approach the District Collector for initiation of appropriate action.
5. Accordingly, this writ petition is disposed of. No costs.
