ORDER : Prayer in W.P. (MD) No. 17568/2023: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to grant permission to the petitioners to cut down the Eucalyptus Grandis Trees in the patta land of the petitioners in S. No. 592/1, 592/2 situated in Vadakavunji Village, Kodaikanal Taluk, Dindigul District and consequently, permit the petitioners to transport the same through the land in S. No. 12 situated in Vadakavunji Village, Kodaikanal Taluk, Dindigul District, measuring to an extent of 2 kms by considering the application of the petitioners dated 28.09.2022. In W.P. (MD) No. 22285/2023: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order in C.P. No. 30/2022/C5 dated 01.09.2023 on the file of the first respondent, quash the same and further directing the respondents to permit the petitioner to cut down the Eucalyptus Grandis Trees in the patta land of the petitioners in S. No. 592/1 & 592/2 situated in Vadakavunji Village, Kodaikanal Taluk, Dindigul District and permit the petitioners to transport the same through the land in S. No. 12 situated in Vadakavunji Village, Kodaikanal Taluk, Dindigul District, measuring to an extent of 2 kms. 1. The petitioners are the owners of the land in S. Nos. 592/1, 592/2 in Vadakavunji Village, Kodaikanal Taluk, Dindigul District. The lands have been purchased by the petitioners in the year 2015. They have also obtained patta for the said lands. As on date, there are 1404 Eucalyptus Grandis Trees in these lands. The petitioners, with an intention to remove these trees and put some cultivation, sought permission from the first respondent/the Chairman of Hill Areas (Preservation of Trees) Committee on 28.09.2022. 2. The first respondent has not passed any orders in the said representation and therefore, the petitioners have approached this Court by way of W.P. (MD) No. 17568 of 2023 for a mandamus directing the respondents to grant permission to cut down the Eucalyptus Grandis Trees from their patta land and for a consequential direction to permit them to transport the same through the land in S. No. 12, by considering their representation dated 28.09.2022. 3. 3. The second respondent is having serious objections that the petitioners’ lands are classified as assessed tharisu lands, surrounded by S. No. 12, which belongs to Forest Department and that there is no right of pathway for the petitioners inside the forest land. The second respondent further stated that the land in S. No. 12 is a part and parcel of Vadakavunji Village, which was an ex-jamin village, taken over by the Government on 09.12.1950 under the Tamil Nadu Estate Abolition Act, 1949, vide G.O.MS. No. 3157, Revenue Department, dated 09.12.1950 and was transferred to Forest Department on 01.07.1951 vide G.O.MS. No. 1416, Revenue Department, dated 02.06.1951. There are six or seven streams inside Survey No. 12 and that grant of a right of pathway will create disturbances to the animals and animal habitats. As such, construction of any road to the field would affect the natural stream and it would be an offence. It is also stated that these lands are coming under the purview of eco-sensitive zone and there is a prohibition and non forest activities to safeguard the environment and therefore, there is no possibility of providing a pathway within the eco-sensitive zone. 4. When the matter came up for hearing on 04.09.2023, it is represented by the petitioners’ Counsel that a ghat road is available. However, the respondents refuted the same that there is no road at all. But, the petitioners’ Counsel produced a video clipping showing the pathway. Therefore, this Court, by order dated 04.09.2023, appointed an Advocate Commissioner to inspect the site and to ascertain as to whether any ghat road is available, as claimed by the petitioners. The Advocate Commissioner, after an inspection, filed a report as under: “4...........The subject property is bounded by North - A4 foot wide pathway running on East-West direction South - Reserve Forest East - A forest stream running in South-North direction West - A forest stream running in South-North direction 5. The pathway on the north of property runs further East and reaches forest stream. Likewise the said pathway runs down on the west and reaches the forest stream running on South-North direction. This pathway would be referred hereafter as ‘C’ pathway for convenience. ................. 7. The petitioners property is situated at an elevation of approximately 30 feet from the stream and the ‘C’ pathway leading to property is steep. Likewise the said pathway runs down on the west and reaches the forest stream running on South-North direction. This pathway would be referred hereafter as ‘C’ pathway for convenience. ................. 7. The petitioners property is situated at an elevation of approximately 30 feet from the stream and the ‘C’ pathway leading to property is steep. The ‘C’ pathway after crossing the stream runs further approximately 40 feet and reaches a 10 feet wide pathway leading to Vadakavunji village which would be hereafter referred as ‘B’ pathway. 8.........forest stream runs between the ‘B’ pathway and ‘C’ pathway. 9. Naturally fallen Eucalyptus trees obstructing the ‘B’ pathway were noticed at various distances from the petitioners property: 10 meters, 250 meters, 600 meters, 1.2 Kilometers, 1.3 Kilometers, 1.33 Kilometers and at 1.4 Kilometers. Furthermore, Eucalyptus trees burnt in wild fire were also found then and there in ‘B’ pathway. ................. 13. The ‘B’ pathway reaches an intersection from where another 10 feet pathway leads to Vadakavunji to Perumpallam road which would be referred hereafter as ‘A’ pathway for convenience.” 5. The third respondent/Tahsildar, Kodaikanal has filed a report as under: “5...........the 2nd respondent has submitted a report stating that as per records there are no rights of way to the patta lands situated in S. No. 592/1, 592/2. But the Special Tahsildar (Forest Settlement) has reported that there are Specific Public road is in existence from Perumalmalai Village to Vadakavunchi Village adjacent to the petitioners patta lands. .................. 7......There is no any other way to reach the petitioners properties in S. No. 592/1, 592/2, except the land in S. No. 12 of Vadakavunchi Village.” 6. This Court considered the rival submissions made by the respective parties and perused the available materials. 7. The petitioners are the owners of the lands in S. Nos. 592/1, 592/2 of Vadakavunji Village. This land was purchased by the petitioners in the year 2015 and they have also obtained patta for the lands. There are 1404 number of Eucalyptus Grandis Trees in these lands The petitioners, with an intention to cultivate the lands, took a decision to cut and remove the trees. The respondents have not permitted the same that the petitioners are not having any pathway. 8. The lands of the petitioners are surrounded by S. No. 12 and this land is with the Forest Department. The respondents have not permitted the same that the petitioners are not having any pathway. 8. The lands of the petitioners are surrounded by S. No. 12 and this land is with the Forest Department. It appears that proposals have also been made to declare the land as reserve forest and the same is pending. There is a stream running in this survey number and therefore, the concern of the Forest Department is that if permission is granted for road, it would affect the ecology. 9. Admittedly, the trees sought to be removed are only Eucalyptus trees, which is invasive in nature and also depletes the ground water level. In fact, this Court has also passed an order to remove Eucalyptus trees and not to plant any more Eucalyptus trees, since it affects the ground water level. Eucalyptus trees are excluded from the Class of Timber as per Tamil Nadu Timber Transit Rules, 1968. The petitioners have made a specific averment that during the Gaja Cyclone, trees were uprooted and the respondents, by proceedings dated 09.12.2018, permitted transportation of woods from the patta land. The Advocate Commissioner, in his report, has stated that there are three pathways. The pathway on the north of the property is passing through a forest stream. After the stream also, the pathway continues and it reaches a 10 feet wide pathway leading to Vadakavunji [B Pathway]. 10. The petitioners have also given an undertaking that they would take the trees, till the B pathway, manually for crossing the stream. They would not affect the stream by driving any vehicles. After crossing the stream, there is a 10 feet wide pathway as per the report of the Advocate Commissioner, which would be used for further transportation. 11. Under such circumstances, this Court is inclined to grant the relief sought for. Accordingly, the impugned order is set aside. The respondents shall permit the petitioners to cut and remove the Eucalyptus trees, which are injurious to the environment, without affecting the forest land. The petitioners have to take the cut down trees from their land through the forest land by crossing the stream, manually and thereafter, they shall transport the same through the 10 feet road which is available beyond the stream, through vehicles. 12. In fine, both the writ petitions stand allowed in the above terms. No costs. Consequently, connected miscellaneous petitions are closed.