NEELAMALAI AGRO INDUSTRIES LIMITED Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner Company seeking to challenge an order dated 08.12.2011 issued by the District Collector, Udagamandalam. By the said order, the petitioner was informed that their request to remove the tea plant in the Ulikkal Village, Kunoor Taluk in S.Nos.102/6 and 36/2B by using JCB machines and for levelling the field cannot be considered in the light of the report of the Revenue Divisional Officer, Kunoor, wherein it was informed that even for agricultural purposes, JCB machines cannot be used. Hence the petitioner Estate was denied permission to use JCB machines for the removal of tea plants in the said survey numbers.

(2.) WHEN the matter came up on 26.6.2012, this court directed the learned Special Government Pleader Mr.Jayaprakash Narayanan to get instructions from the respondent. Accordingly, a counter affidavit dated Nil (July, 2012) was filed by the respondent District Collector, Nilgiris.

(3.) IT was also stated in the counter affidavit as follows : ".... Permitting heavy machineries like JCB in these tiny hillocks will certainly cause irreparable damages to the existing stability of the hills which cannot be reverse back at any point of time, if destroyed...."