elephant corridor case Nilgiri Mhc tn Gov undertaking
IN THE HON’BLE HIGH COURT OF JUDICATURE AT MADRAS (SPECIAL ORIGINAL JURISDICTION)
[UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA] WRIT PETITION NO. 23502 OF 2024
M/S. Forest Hills Farm and Guest House,
Represented by its proprietor Mrs. Savitha Jain,
NO. 4/43D, Bokkapuram,
Masinagudi Post,
Nilgiris, Tamil Nadu- 643223 . Petitioner
Versus
(1) The Hon’ble Segur Plateau Elephant Corridor Inquiry Committee,
Through its Chairperson,
Forestry Extension Office Campus,
Gymkhana Club Road,
Finger Post, Udhagamandalam
Nilgiris District – 643006
(2) Union of India,
Represented by its Secretary to the Government,
Department of Forest and Environment, Paryavaram Buildiong, CGO Complex, New Delhi, India.
(3) State of Tamil Nadu,
Represented by its Secretary to the Government, Environment & Forest Department, Chennai, Tamil Nadu – 600009.
(4) The District Collector,
Nilgiris District,
Uthagamandalam, Nilgiris, Tamil Nadu . Respondents
(5) The Executive Offcer,
Sholur Town Panchayat,
Sholur, Nilgiri District Proposed 5th Respondent
ADDITIONAL AFFIDAVIT l, Rohan Mathias, son of J.H.Mathias, aged 52 years and residing at Bokkapuram, Masinagudi post, Nilgiris District, now having Come down to Chennai, do hereby solemnly affirm and sincerely state as follows:
1) I am the sole proprietor of the Petitioner, and I am well acquainted with the facts and circumstances of the case
2) I submit that this affidavit seeks to place on record before this Hon’ble Court certain developments material to Writ Petition No. 23502 of 2024 pending for consideration before this Hon’bie Court.
3) I submit that subsequent to filing of this writ petition, Executive Officer, Sholur Town Panchayat issued a notice in Rc No.208/2018/A1 dated
16/08/2024 for demolition of alleged unauthorized construction of property of the petitioner situated at Sholur Town Panchayat,
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Udhagamandalam Taluk as per the direction of the Hon’ble Inquiry
Committee order dated 21108/2023.
4) I submit that the demolition notice dated 16/08/2024 issued by the
Executive Officer, Sholur Town Panchayat is consequent to the
Hon’ble Inquiry Committee order dated 21/08/2023, therefore Executive Officer, Sholur Town Panchayat is a necessary party in the present writ petition and needed to be impeded in the present Writ
Petition as respondent no. 5
5) I submit that if the proposed 5th Respondent is not impleaded as a necessary party to the present Writ Petition the same would result in severe prejudice to the right of the petitioner.
6) I submit that the outcome in the Writ Petition No 27312/2016 would have direct bearing on the impugned demolition notice dated 16/08/2024 and if no stay is granted then the petitioner would be put great hardship, undue disadvantage and irreversible loss to the petitioner. On the other hand, if stay as prayed is granted, no hardship or injury would be caused to the Respondent since the disputed properties are under seal since 2018. Hence, the balance of convenience lies in favour of the Petitioner.
7) I submit that the demolition notice dated 16.082024 issued by the Executive Officer, Sholur Town Panchayat is consequent to the
Hon’ble Inquiry Committee order dated 21/08/2023, therefore the prayer of the present writ petition need to be amended for quashing the demolition notice in Rc No.208/2018/A1 dated 16/08/2024 issued by Executive Officer in the interest of the justice.
Under the above circumstances, it is humbly prayed that this Hon’ble Court may be pleased to permit the Executive Offcer, Sholur Town Panchayat to implead in W.P.No 23502 of 2024 as 5th respondent and amend the cause title in W.P.No 23502 of 2024 and thus render justice.
In view Of the submissions made in this additional affidavit as well in the main affidavit, it is humbly prayed that this Hon’ble Court may be pleased to grant an order of INTERIM STAY of the operation of the notice in Rc
No.208/2018/A1 dated 16-08-2024 issued by the Executive Officer, Sholur Town Panchayat during the pendency of the Writ Petition 23502 of 2024 and pass such further or other orders as this Hon’ble Court may deem fit in the facts and circumstances of the case and thus render justice. In light Of the facts and circumstances stated hereinabove, it is humbly prayed that this Hon’ble Court may be pleased to allow the petitioner to amend the prayer in WP No. 23502 of 2024 as follows and pass such
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further or other orders as this Hon’ble Court may deem fit in the facts and circumstances of the case and thus render justice.
“In light of the facts and circumstances stated hereinabove, it is humbly prayed that this Hon’ble Court may be pleased to issue a WRIT OF CERTIORARI or any other writ, order or direction in the nature of a WRIT OF CERTIORARI calling for the records of the impugned order dated 2108-2023 in case number 110/2021 in the files of the First Respondent Committee, quash the same in so far as it invoked and applied Notification dated 01-11-1991 issued under the TNPPF Act, 1949, and published in the Nilgiris Gazette on 15-11-1991 and quash the Notice in Rc
No.208/2018/A1 dated 16/08/2024 in the files of the Fifth Respondent and pass such further or other orders as this Hon ‘ble Court may deem fit in the facts and circumstances of the case and thus render justice.
Solemnly affirmed in Chennai on BEFORE ME
this the day of August, 2024 and the contents of this Affidavit are explained and accordingly, he has affixed his name with her signature in my presence
ADVOCATE: CHENNAI
BEFORE THE MADRAS HIGH COURT
(Special Original Jurisdiction)
WV No. 23502 OF 2024
ADDITIONAL AFFIDAVIT
WS MHARIHARAN,MS 1757/2010
D.NISHAANSHIYHA, MS 271/2016
COUNCEL FOR THE PETITIONER
tn gov gave undertainh
