R KAMATCHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner is a cardamom planter and he claims that in his patta land he is entitled to develop cardamom plantation. This is stoutly resisted by the Forest Department stating that the land in question is covered by the Forest Department. THE question that in a forest land, whether any private party can have cardamom plantation came to be considered by the Honourable Supreme Court in K. Chandru, J. 1997 (2)SCC 267 [T.N.Godhavarman, Thirumulkpad vs. Union of India and others], wherein, it was held that under Section 2 of the Forest Conservation Act, 1980 the Forest land cannot be used for non-forest purpose, without prior approval of the Central Government and the cardamom plantation is a non-forest plantation.

(2.) IN any event, the petitioner filed two writ petitions before this Court being W.P.Nos.4121 and 4562 of 1989. It is under the strength of these writ petitions, the present writ petition has been filed. However, it is informed the above two writ have been dismissed as early as 26.06.2001 for want of prosecution. Having allowed those two writ petitions to become final, there is no question of entertaining the present writ petition. IN any event, in the counter affidavit by the second respondent dated 26.02.1999, it has been clearly stated that the land in question was a forest land and they have decided not to grant renewal to the petitioner. IN the light of the same, the writ petition is dismissed. No costs.