KALYAN GANGATHARA JAWAHAR Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner has prayed for the issue of a writ of certiorarified mandamus, to call for the records relating to the G. O. (ID)No. 44, dated 21. 3. 1996, quash the same and direct the respondents herein to renew the lease in respect of 50 acres of Reserve Forest at Kuthiraimolitheri adjoining Kanchinavilai Village, v. O. C. District.

(2.) THE respondents have filed a detailed counter. This court issued rule nisi on 30. 7. 1996 and also granted interim stay in w. M. P. No. 13157 of 1996 on 30. 7. 1996. THE respondents have filed W. M. P. No. 25857 of 1996 to vacate the order of interim stay granted in W. M. P. No. 13157 of 1996 on 30. 7. 1996. THE W. M. Ps. were listed for hearing on 19. 2. 1997. At this stage, by consent of parties, the maih writ petition itself was taken up for final hearing, as it was contended that the respondents have resumed the lands and possession of the land is also with the respondents.

(3.) THE learned Additional Government Pleader (Forest)referred to para 3 and 4 of the impugned order which reads thus: ' THE Chief Wildlife Warden in his letter second read above has reported that the request for renewal of lease cannot be accepted as the entire Tirunelveli Division is proposed for declaration as nellai Wildlife Sanctuary and such activity as practised till now is not allowed under the Wildlife Protection Act, 1972. He has added that if this case is considered favourably it will be a precedent for other such lesses including cardamom leases in existence in Tirunelveli Division. THE District Forest officer, Tirunelveli and the Chief Conservator of Forests (Wild Life) further added that the lessee has violated some of the conditions of the grant of lease and has not recommended the renewal of lease. THE Chief Conservator of Forests (Wildlife) has recommended that the request of the lessee be rejected according to the Forest (Conservation) Act, 1980 as no forest land can be diverted for non-forestry purposes. THE Principal Chief Conservator of Forests has also concurred with the views of the Chief Conservator of Forests (Wild life ). THE government after careful consideration accepted the aforesaid views and accordingly reject the request of Tvl. Kalyan Gangadara Jawahar and Kalyan vijayaraghavan (legal heir of Thiru G. Kalyanasundaram Nadar) of Kanchanvilai the original lessee) for the renewal of lease beyond 30. 9. 1995 or for permanent assignment of the 50 acres of reserved forest land in Kudrimozhitheri reserve forest in V. O. C. Chidambaranar District.'