V LOGANATHAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE Writ Petition is filed to issue a Writ of Certiorarified Mandamus, calling for the records of the first respondent relating to G. O. Ms. No. 132 Environment and Forest (V3) Department dated 3. 12. 2007 confirming the order of the second respondent made in Pa. Mu. No. 12004/06/a2 dated 17. 1. 2007 and quash the same and direct the respondents to grant exemption under Section 3 (3) of the Tamil Nadu Preservation of Private Forests Act 1949 in respect of petitioner's lands measuring 47. 50 acres comprised in Survey No. SF No. 1/3a of Anamalai Hills Village, Valparai Taluk, Coimbatore District, from the provisions of 3 (1) (a) of the Tamil Nadu Preservation of Private Forests Act, 1949.

(2.) THE question that arises for consideration in this writ petition is primarily on the interpretation of Section 3 of the Tamil Nadu Preservation of Private Forests Act, 1949 (Tamil Nadu Act XXVII of 1949), hereinafter referred to as "the Act" and the same reads as follows:-

(3.) THE petitioner in this case challenges the G. O. Ms. No. 132 Environment and Forest (V3) Department dated 3. 12. 2007 confirming the order of the second respondent District Collector and the Chairman of the Coimbatore District Forest Committee, in Pa. Mu. No. 12004/06/a2 dated 17. 1. 2007 declining to grant the exemption and to quash the above said order and to direct the respondents to grant exemption under Section 3 (3) of the Act.