ZEENATH BEGUM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner has approached this Court with a prayer for issuance of writ in the nature of Mandamus, to direct the State of Tamil Nadu to issue notification in the Government Gazette to notify the amendment introduced vide Bill No. 7 of 2011 dated 10.02.2011 by the Legislative Assembly under the Tamil Nadu Preservation of Private Forest Act, 1949 (hereinafter referred to as "the Act") and pass such other or further orders, as this Hon'ble Court may deem fit and proper in the circumstances of the case. The petitioner along with her sons purchased land measuring 14.23.50 Hectares in S.No. 785/lClG (2.23.00 Ha), 785/3B9 (1.20.50 Ha), 785/3B8 (1.15.00 Ha), 785/3B1 (1.22.00 Ha), 785/3B7 (0.98.00 Ha), 785/1 CIE (7.45.00 Ha), Thovala Taluk, Alagiapandipuram Village, Kanyakumari District, through Abraham Thomas, son of Mr. Thomas Abraham, Mrs. Lovis Abraham @ Lovis Kuruvilla, w/o of Mr. T.P. Kuruvilla and Mr. Jacob Abraham and Thomas Abraham, sons of Mr. M.K. Abraham, by way of registered sale deed dated 07.02.1996. The petitioner claims to be absolute owner of property in pursuance to the purchase, which was free from all encumbrances. The petitioner planted cloves, coffee and Silver Oak trees in the land.

(2.) The case of petitioner is that in order to provide necessary sun light to the coffee, it became necessary to cut and remove the Silver Oak trees. The case of petitioner further is, that it was at that time, that it came to the knowledge of petitioner, that the land purchased by petitioner was notified under the provisions of the Act, therefore, trees could not be cut or removed without permission of the authorities.

(3.) The petitioner approached the statutory committee and requested for permission to cut and remove the shade trees. The request of petitioner was turned down by the District Collector, on the ground that purchase by petitioner was hit by Section 3(1)(a) of the Act. It was also submitted that name of vendors of petitioner was not shown in the notification.