ZEENATH BEGUM Vs. STATE OF TAMIL NADU REP BY THE SECRETARY TO GOVERNMENT ENVIRONMENT AND FORESTS DEPARTMENT

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.

(2.) THE petitioner along with her sons purchased land measuring 14.23.50 Hectares in S.No.785/1C1G (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), 785/1CIE (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.

(3.) THE submission of petitioner is that if it was not within the knowledge of petitioner, otherwise the necessary permission could have been obtained. It is submitted that Section 3(1)(a) of the Act, does not compel the purchaser to obtain prior permission of the committee, but only prohibits the owner from selling notified land without prior permission of the committee. THE Act is silent as to the result, if the sale is without prior permission.