BAHEESWARI RANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition is filed challenging the order of the fourth respondent, dated 27. 9. 2001, under which the fourth respondent, while considering the application of the petitioner, has passed the order rejecting the permission sought for by the petitioner to remove the dead and wind fallen trees on the ground that the estate is located in a core area of Kalakad Mundanthurai Tiger Reserve and forms part of the sanctuary.

(2.) THE fourth respondent has filed the counter affidavit, wherein, it is specifically admitted that the petitioner's land, which is the subject matter in this writ petition, is a patta land and the same is not declared as a wildlife sanctuary or national park, but is notified as a private forest as per the provisions of the Tamil Nadu Preservation of Private forests Act, 1949. It is not even the case of the fourth respondent that even in cases where the land is notified as a private forest under the Tamil Nadu Preservation of Private Forests Act, 1949, the permission to remove the dead and wind fallen trees cannot be granted.