Madras High Court
Vishal Kumar Singh vs The Government Of Tamil Nadu
Author: M.Dhandapani
Bench: M.Dhandapani
____________
W.P. No.21440/2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on Pronounced on
01.09.2022 08.09.2022
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
W.P. NO.21440 OF 2022
AND
W.M.P. NO.20433 OF 2022
Vishal Kumar Singh .. Petitioner
- Vs -
1. The Government of Tamil Nadu
Rep. by its Secretary
Revenue Department
Fort St. George, Chennai 600 009.
2. The District Collector
Udhagamandalam
The Nilgiris 643 001
Tamil Nadu
3. The Tahsildar
Kundah Taluk, The Nilgiris Dt.
Tamil Nadu.
4. The Joint Director
Department of Horticulture
Udhagamandalam
1
https://www.mhc.tn.gov.in/judis
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W.P. No.21440/2022
The Nilgiris District 643 001.
5. Pandiyan
6. Indiranjan .. Respondents
Writ Petition filed under Article 226 of the Constitution of India praying
this Court to issue a writ of mandamus to direct respondents 2 and 3 herein to
remove the seal which was put in the office cabin and storeroom both of which
are movable containers which are lying in the property situate at Pudhuhatty,
Ithalar Village, Kundah Taluk, The Nilgiris 643 001, comprised in R.S. No.403/1
and New R.S. No.676/2A and restore the property by replacing the movables
taken away by them on 14.06.2022.
For Petitioner : Mr. T.R.Sathyamohan
For Respondents : Mr. G.Krishnaraja, AGP for RR1 to 4
ORDER
The promotion of alleged Agro-Tourism by the petitioner, without the authority of law, resulting in the sealing of the movable property of the petitioner, has resulted in the filing of the present writ petition. 2 https://www.mhc.tn.gov.in/judis ____________ W.P. No.21440/2022
2. It is the case of the petitioner that the property comprised in R.S. No.403/1 and New R.S. No.767/2A is owned by the petitioner and he is in absolute possession and enjoyment of the same by carrying out tea plantations. Whileso, it is the further case of the petitioner that with a view to promote Agro- Tourism in the lands owned by them in the aforesaid survey field, the petitioner, taking the services of one M/s.Janardan Farms & Resorts LPP had commenced the business of Agro-Tourism by putting up tarpaulin sheds and luring the tourists for stay in the agro farms. It is the further case of the petitioner that they have taken all steps to address the various authorities through e-mail as well as other forms of correspondence requesting for formal guidelines for Agro-Tourism so that the said guidelines could be complied with and as a result of the same, the Deputy Director (In-Charge), District Town Planning Office, Udhagamandalam, The Nilgiris, visited the property on 7.4.2021 and conducted inspection and a report was sent detailing the physical features of the property and the infrastructure put up on the said property and it was informed that permission was needed for carrying out the avocation.
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3. It is the further case of the petitioner that pursuant to the same, the petitioner approached the District Town Planning Office from where the petitioner was directed to approach the 2nd respondent. Thereafter, the 4th respondent had directed the petitioner to given an undertaking that the petitioner will not carry out any construction activity in the said property, which was complied with by the petitioner.
4. It is the further case of the petitioner that on 14.6.22, during the evening hours, a group of about 35 persons, led by the Revenue Inspector attached to the office of the 2nd respondent and accompanies by the 5th and 6th respondents, had barged into the property of the petitioner and vandalized the same by breaking the CCTV cameras and also the other materials and had taken over the tents, solar inverter, generator, etc., and also forcibly broke open the office and staff quarters, which is housed in a steel container and took away all the personal belongings and cash which was kept there.
5. It is the further case of the petitioner that it is mandatory that the requirement of notice before taking any action by the official respondents is a 4 https://www.mhc.tn.gov.in/judis ____________ W.P. No.21440/2022 must and without issuing the same and calling for explanation, no action could be taken against the petitioner, and the present act of the respondent is nothing but a glaring violation of principles of natural justice and, therefore, the present writ petition has been filed.
6. Learned counsel appearing for the petitioner submits that the rudimentary principle of law that before action is initiated before any person, he should be heard by putting him on notice, has not been complied with. No notice or show cause whatsoever has been issued to the petitioner by any of the authority, before the impugned action for removal of the movable structure put up on the property was carried out. It is the further submission of the learned counsel that though the petitioner has been repeatedly asking respondents 1 to 4 for guidance and necessary permission to run the Agro-Tourism by submitting requisite representations through e-mail as well as submitting physical copy, yet respondents 1 to 4 have not taken any action on the same and have simply kept silent. The act of the respondents in raiding the property of the petitioner and vandalizing the same without due notice and hearing to the petitioner is nothing but a flagrant violation of principles of natural justice, which has caused 5 https://www.mhc.tn.gov.in/judis ____________ W.P. No.21440/2022 irreparable hardship and loss to the petitioner and, therefore, in the interest of justice, the petition be allowed with direction to respondents 2 and 3 not to interfere with the peaceful possession and enjoyment of the property by the petitioner and further direction be issued to respondents 2 and 3 to remove the seal and hand over the movable containers back to the petitioner along with the belongings of the petitioner, which were illegally seized during the illegal raid conducted by the respondents.
7. Per contra, learned Addl. Government Pleader appearing for the respondents submit that the petitioner has not obtained No Objection Certificate from any of the authorities, viz., respondents 2 to 4 before embarking upon the act of propagating Agro-Tourism. It is the further submission of the learned Addl. Government Pleader that right from 2019, the petitioner has been conducting the Agro-Tourism and inspite of inspection conducted by the revenue authorities and instructions issued to the petitioner to obtain necessary permission for conducting Agro-Tourism, yet the petitioner has not adhered to the said direction and had continued to conduct the Agro-Tourism without any permission from the concerned authorities.
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8. It is the further submission of the learned Addl. Government Pleader that not only the Agro Tourism conducted by the petitioner is without any safety and security to the persons staying in the said tents, but the place where the tents are put up is almost 15 Kms., away from the main human habitation and the animals wander in the said area during night time, which would be dangerous to the tourists residing in the said tents and would cause problems for the movement of the animals in their habitat.
9. It is the further submission of the learned Addl. Government Pleader that the Agro-Tourism sought to be promoted by the petitioner leads to certain unscrupulous activities which impacts the ecological stability of the area, as the tourists staying in the said tents, unmindful of the ecological impact, throw the edible remains of meat and other non-veg items, thereby attracting the animals to the said place. Keeping all the aforesaid aspects in mind, inspite of the fact that direction was given to the petitioner to obtain necessary permission, which he did not adhere to and continued to run the tents without necessary permission, action was initiated against the establishment run by the petitioner 7 https://www.mhc.tn.gov.in/judis ____________ W.P. No.21440/2022 without any permission. The act of the respondents is within the framework of law, as on the basis of the complaint action was taken by the respondents and, therefore, the plea of the petitioner is wholly misconceived and, therefore, the same deserves to be dismissed.
10. This Court gave its anxious consideration to the submissions advanced by the learned counsel appearing on either side and perused the materials available on record.
11. Over the past two decades, Nilgiris has emerged as a centre for environmental action with cases related to pollution, encroachment of forests or unique local ecology. It is a matter of concern, which has been highlighted by the experts that Nilgiris, is facing extreme weather conditions including cases of flooding and landslides and one of the primary reasons for that has been the apathy towards the environmental issues. Even as environmentalists are fighting to protect Nilgiris, the attraction of tourist and its mushrooming growth, without the same being handled properly, is another battle looming large on the administrative machinery of Nilgiris. Inspite of the increase in environmental 8 https://www.mhc.tn.gov.in/judis ____________ W.P. No.21440/2022 activism in the Nilgiris, as well as other parts of Tamil Nadu over the past two decades, still there is quite a lot of ecological impact, which is causing environmental degradation. The First Bench of this Court, even in one of the cases pertaining to alleged encroachment of forest land in the Nilgiris, has observed that “not even an inch of forest land must be encroached upon”.
12. Inspite of the fact that this Court, in very many cases, has pointed out the need to maintain environment, which alone would save human race in leading a peaceful life, yet, unmindful of the environmental consequences, rampant activities, impacting the environment is being caused by individuals merely for enriching themselves monetarily. However, crossing beyond all the points, now the habitat of even the animals is sought to be invaded by the humans by disturbing the environment in which animal habitation thrives.
13. Forest is the habitation of the animals and maintenance of the forest in its pristine form not only helps in saving the animal habitation, but it also helps in afforestation, thereby, the ecological and environmental balance is maintained, which would have an impact on the climatic conditions, which would ultimately 9 https://www.mhc.tn.gov.in/judis ____________ W.P. No.21440/2022 lead to benefit for human habitation in the form of proper climatic change. However, the encroachment of humans into the animal habitation to satisfy their monetary consideration, has put in peril the animal habitation, which is a necessity for a happy human habitation.
14. On the heels of the tragedy that is striking the human race due to environmental degradation at our hands, the present scenario has unfolded before this Court, which sends alarming signals as to the degradation that it would cause to the environment.
15. The petitioner has come before this Court claiming violation of principles of natural justice, in that, he has not been heard before action was taken to put seal on the movable property owned by the petitioner. However, it is not disputed by the petitioner that the Agro-Tourism was started by the petitioner in the year 2019 without any approval being taken from the appropriate authority. It is to be pointed out that before starting a venture, approval for the said venture is to be taken from the concerned authority. Once an illegal act is perpetrated, as in the present case, the petitioner cannot shed 10 https://www.mhc.tn.gov.in/judis ____________ W.P. No.21440/2022 crocodile tears by claiming that he has not been given an opportunity of hearing before action was taken. In the case on hand, what was done by the petitioner is evident, which had a cascading effect on destroying the environment and putting the human as well as animal habitation in jeopardy.
16. In this regard, the communication dated 7.6.2022 addressed by the Secretary to Government, Public (SC) Department to the 2nd respondent, a confidential communication is placed before this Court. Though the wholesome details of the said communication is not necessary to be brought out in this order, yet, the crux of the communication would reveal that Agro-Tourism, which is sought to be promoted by the petitioner, without any prior approval of the appropriate authority, is not the only instance, but there are many other persons, who are trying to promote Agro-Tourism, unmindful of the damages that is caused to the environment and without obtaining approval of the authority prior to starting of the said venture. It is further evident from the said communication that this has come to the notice of the Government through the various complaints given by the public to the law enforcing agency, in which the law 11 https://www.mhc.tn.gov.in/judis ____________ W.P. No.21440/2022 enforcing agency has not acted diligently, resulting in the complaint being by the 5th respondent before the 3rd respondent.
17. From the above communication, it is evident that the illegal acts of promoting Agro-Tourism by various individuals in Nilgiris District without prior approval of the appropriate authority is not only looming large, but it is mushrooming in an alarming way and many persons are following the same pattern and are causing heavy ecological degradation not only affecting the flora and fauna but also affecting the wildlife. The communication also brings to light certain problems that have cropped up due to the existence of the Agro-Tourism in which tourists are permitted to stay in the tent-sheds.
18. The communication spells out the following problems that crop up on account of the continuance of the Agro-Tourism :-
i) The places in which the sheds are put up are about 15 Kms., away from human habitation, in a secluded place, where the tourists stay for the purpose of trekking, which puts their life in danger; 12
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ii) Since the tents are put up in places around the tea plantation, the movement of nocturnal and wild animals not only during the night time is prevalent but also during the day time.
iii) Further, the tourists, who visit the sheds are more in the nature of young people and college students, who indulge in acts of liquor drinking and eating of meat, which are then strewn in the nearby vicinity, thereby attracting wild animals and further the liquor consumption often ends up in scuffle amongst the persons staying in the sheds.
19. When such problems are being encountered by the District Administration, which have been spelt out in the letter to the 2nd respondent, a duty is cast upon respondents 1 to 4 to find out as to whether the activities of the petitioner have been duly authorised by the appropriate authorities. It is not as if the petitioner has not been given proper opportunity to obtain approval from the appropriate authorities. Even according to the petitioner, the officials of the 2nd 13 https://www.mhc.tn.gov.in/judis ____________ W.P. No.21440/2022 respondent had carried out inspection and had given specific direction to obtain licence. From the above, it is clear that the petitioner had been running the Agro- Tourism without any approval. When an illegal act is perpetrated by an individual, there is no necessity cast upon the appropriate authorities to take action for stopping the illegal act. Further, based on the complaint received from the public and also from the 5th respondent, respondents 1 to 4 have put seal on the immovable property of the petitioner only for the reason that the petitioner should not continue with the said act.
20. The petitioner cannot come before this Court and claim that he should have been issued with show cause notice and heard before any action could be taken against him. The act committed by the petitioner is not a legal act, which has the approval of the authorities. If such an act is sought to be restricted without notice, then this Court would go to the aid of the petitioner. However, when the petitioner is spoiling the ecology and environment by his act of Agro- Tourism without obtaining approval for the same, the petitioner cannot plead that notice is mandatory before any action is taken against the act done by him. 14 https://www.mhc.tn.gov.in/judis ____________ W.P. No.21440/2022
21. In the case on hand, as stated above, the rampant acts of the petitioner and persons like the petitioner are causing environmental degradation and, therefore, to curb the said acts and in compliance of the various directions of this Court with regard to saving the environment, the official respondents have sealed the movable properties of the petitioner, which cannot be said to be bad. The allegation of violation of principles of natural justice would not be available to the petitioner as the petitioner is not doing any legal act with the approval of the authority, but is carrying on an illegal act without the approval of the authority, which definitely warrants strict action as the one taken by the official respondents. Therefore, this Court is of the considered view that no interference is warranted with the act of the respondents in sealing the movable property of the petitioner.
22. For the reasons aforesaid, there are no merits in the writ petition and, accordingly, the same is dismissed. Consequently, connected miscellaneous petition is also dismissed. There shall be no order as to costs. 15 https://www.mhc.tn.gov.in/judis ____________ W.P. No.21440/2022
23. Before parting, this Court would like to highlight that though this Court had given umpteen number of directions in many of the cases relating to conservation of environment and maintenance of ecological balance, however, to stress the same this Court would lie to reiterate the following :-
1) Nilgiri biosphere is a wide spread area of 5520 sq. km. and it is one of the important biodiversity hotspot of the world, it comes under UN’s man and biosphere program.
2) It is the duty of the Government to conserve such an important place by providing state of the art infra-structure.
3) Necessary patrolling by different Government agencies must be provided to scan through the length and breadth of the various plantations and the forest areas to identify such unscrupulous acts, which are being conducted by persons, without the approval of the authority, so that the same can be nipped in the bud.
4) Necessary action with collaboration of native tribes and the locals of the affected region should be taken up by the Government not only to spread awareness for maintaining 16 https://www.mhc.tn.gov.in/judis ____________ W.P. No.21440/2022 the ecology, but also to identify and do away with such acts, which does not have the approval of the authority.
5) The area where wildlife movement is there should be made a restricted place with no habitation, bar the habitation for the forest officials, so that the unhindered movement of wildlife would not cause any danger to the endangered species, which are to be protected at all costs.
6) No activity, such as Agro-Tourism conducted by the petitioner or other activities of similar nature, without the approval of the Government should be permitted and strict measures should be taken to nip the same in the bud.
08.09.2022 Index : Yes / No Internet : Yes / No GLN 17 https://www.mhc.tn.gov.in/judis ____________ W.P. No.21440/2022 To
1. The Secretary to Government Revenue Department Government of Tamil Nadu Fort St. George, Chennai 600 009.
2. The District Collector Udhagamandalam The Nilgiris 643 001 Tamil Nadu
3. The Tahsildar Kundah Taluk, The Nilgiris Dt.
Tamil Nadu.
4. The Joint Director Department of Horticulture Udhagamandalam The Nilgiris District 643 001.
18 https://www.mhc.tn.gov.in/judis ____________ W.P. No.21440/2022 M.DHANDAPANI, J.
GLN PRE-DELIVERY ORDER IN W.P. NO.21440 OF 2022 Pronounced on 08.09.2022 19 https://www.mhc.tn.gov.in/judis