RPK Estates Pvt. Ltd. , Rep. by its Director, R. P. Ramaiah v. District Collector, Dindigul District
2014-08-25
T.S.SIVAGNANAM
body2014
DigiLaw.ai
Judgment : 1. The petitioner seeks for issuance of a Writ of Certiorarified Mandamus to quash the proceedings of the second respondent dated 11.07.2014. 2. The petitioner is a Private Limited Company owning an Estate and they sought for permission to take the vehicle for the purpose of putting a bore well in their estate. Since the vehicle has to pass through the forest land in hill area, the second respondent, by the impugned proceedings, declined to grant any permission as he had no jurisdiction. The said order is impugned in this Writ Petition. 3. Heard the learned counsel appearing for all the parties concerned and perused the materials on record. 4. It is seen that the area in question is a hill area, the second respondent has no jurisdiction to grant permission and the competent authority is the Hill Area Conservation Authority as constituted by the Government under G.O.Ms.No.44, Planning and Development (TC II) Department, dated 02.04.1990. There would have been certain amendments to that Government Order. Accordingly, there are State Level Committee and District Level Committee. 5. In the light of the above, a direction is issued to the petitioner to send his representation to the competent authority under the Hill Area Conservation Authority and seek permission. If such application is given by the petitioner, the authority concerned shall consider and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 6. The Writ Petition is disposed of, with the above directions. No costs.