V GOVINDASAMY Vs. DISTRICT FOREST OFFICER

JUDGEMENT

(1.) HEARD both sides. The petitioner has filed the present writ petition, seeking to challenge the order of the first respondent (District Forest Officer, Villupuram), dated 7.8.2009 and after setting aside the same, he seeks for a consequential direction to respondents to permit him to cut and remove casuarina trees standing in Survey No.30/4A/1A of T.Edayar Village, Thirukoilur Taluk, Villupuram District in terms of Rule 2 of the Tamil Nadu Forest Lands (Eviction of Encroachment) Rules, 1981.

(2.) WHEN the writ petition came up on 10.9.2009, notice was directed to be ordered to respondents. Pending notice, this court granted an interim injunction. Mr.S.N.Kirubanandam, learned Special Government Pleader (Forest) took notice. A counter affidavit, dated 01.10.2009 has also been filed on behalf of the first respondent.

(3.) AFTER the direction issued by this court to consider the petitioner's representation, the respondents informed the petitioner that he had encroached the lands only very recently. The property was notified by the Tamil Nadu Government on 16.11.1979 as Forest land. Subsequently on 19.03.1985 by a notification were declared as Reserve Forest. The properties were brought under the control of the Forest Department. The petitioner's claim that he spent lakhs of rupees over the property was also denied. The petitioner once again moved this court with W.P.No.32939 of 2003. This court held that no blanket order can be give to him. However, the petitioner can be permitted to have an assistance of a lawyer by his side whenever he appears before the respondent. The lawyer's role was restricted to his physical presence and the lawyer will not have any say in the enquiry to be conducted by the department. With these observations, that writ petition was disposed of.