V.SIVAKUMAR Vs. DISTRICT COLLECTOR
LAWS(MAD)-2020-7-182
HIGH COURT OF MADRAS
Decided on July 09,2020

V.SIVAKUMAR Appellant
VERSUS
DISTRICT COLLECTOR Respondents

JUDGEMENT

M.SATHYANARAYANAN,J. - (1.) The Writ Petitioner filed a suit in O.S.No.50 of 2008 on the file of the District Munsif cum Judicial Magistrate Court, Thiruvadanai, Ramanathapuram District, against the respondents 5 and 6, praying for permanent injunction restraining them from cutting and removing the trees in Survey No.95/2, patta No.453, Kattimangalam Group, Arasathur village, Thiruvadanai Taluk, Ramanathapuram District, admeasuring an extent of 2.75 acres of punja land. The said suit after contest came to be decreed on 30.11.2010 and according to the learned counsel appearing for the petitioner, no further challenge has been made to the said decree and it has become final. It is the further submission of the learned counsel appearing for the petitioner that the petitioner made an attempt to cut the Seema Karuvela Trees (Prosopis Juliflora) from his land. The same was objected to by the respondents 5 and 6 and a representation was submitted in this regard to the official respondents for providing adequate police protection and the same has not been responded at all and therefore, despite having the lawful right, the petitioner approached this Court by way of filing this Writ Petition.
(2.) This Court heard the submissions of the learned Additional Government Pleader appearing for the respondents 1 to 4 also.
(3.) A perusal of the judgment dated 30.11.2010 in O.S.No.50 of 2008 on the file of the District Munsif cum Judicial Magistrate Court, Thiruvadanai, would disclose that a categorical finding has been given that the trees lies on the petitioner's land in Survey No.95/2, admeasuring to an extent of 2.75 acres and as such, there cannot be any impediment on his part to cut and remove the said trees.;


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