Madras High Court
M.S.M. Haneefa And Others vs The Forest Ranger, Shencotta Range on 30 March, 1990
Equivalent citations: 1991CRILJ712
ORDER
1. This Criminal revision petition has been filed to quash the proceedings in CC. No : 3 of 1989 on the file of the learned Sub-Divisional Judicial Magistrate, Shencottah under the following circumstances.
2. Petitioners 1 to 10 are the owners of the estate called 'Jemini Estate' situate at Meykkariai Village Shencottah Taluk, Tirunelveli District comprised in S. Nos. 12/1, 12/2, 13/1 and 15/2 measuring an extent of 208-064 hectares, There are large number of trees in the aforesaid survey numbers. According to the Petitioners, the aforesaid survey numbers among other lands in the village have been notified as hill area under S. 1(2) of the Tamil Nadu Hill Areas Preservation of Trees Act, 1955. The 11th Petitioner is the power agent of P.Ws. 1 to 10 Petitioners 12 and 13 are watchmen of the estate.
3. The Forest Ranger, Shencottah Range who is the respondent herein, preferred a complaint before the learned Sub-Divisional Judicial Magistrate Shencottah against the Petitioners for an alleged offence under S. 3(1)(a) to (c) of the Tamil Nadu Hill Areas Preservation of Trees Act, 1955, and under S. 7(1) of the Tamil Nadu Preservation of Private Forests Act, 1949. The Complaint has been taken on file by the learned Magistrate.
4. According to the learned counsel for the Petitioner, the provisions of Tamil Nadu Preservation of Private Forests Act, 1949 has no application to the lands in question, since a notification has not been made in the Government Gazette. The learned counsel for the Petitioner also contends that the provisions of the Tamil Nadu Hill Areas Preservation of Trees Act, will not also be attracted in this case, since complaint has not been filed by the Committee as per S. 11 of the Act and the complaint filed by the Forest Ranger is not in accordance with the provisions of S. 11 of the Act.
5. On a perusal of the Tamil Nadu Government Gazette dated 7th August, 1985, it was brought to light that S. Nos. 12/1, 13/1 and 13/2 of the Village Meikkarai, Shencottah Taluk, Tirunelveli District had been duly notified. As such the contention that the provisions of the Tamil Nadu Preservation of Private Forest Act, 1949 does not apply has no merit in so far as S. Nos. 12/1, 13/1 and 13/2 are concerned. As far as Survey No : 12/2 is concerned, there is no valid notification as contemplated and as such that survey number will not come under the provisions of the Act.
6. The next contention that was urged by the learned counsel for the Petitioner is that the complaint has not been filed by the Committee constituted under S. 11 of the Act and the complaint has been filed by the Forest Ranger, and as such, it is not a valid complaint, with reference to the charges falling under the Tamil Nadu Hill Area (Preservation of Trees) Act. Section 11 of the said Act runs as follows :
No Court shall take cognizance of any offence punishable under S. 7 except on a complaint in writing of the Committee." 'Committee' under section 2(a) of the said Act means any committee constituted under section 2-A and having jurisdiction. Under Section 2-A, the Government may, by notification, with effect from such date as may be specified therein, constitute for each hill area a committee for the purpose of this Act consisting of the following members, namely :-
(a) The District Collector having jurisdiction as Chairman of the Committee.
(b) The District Forest Officer having jurisdiction over the hill area;
(c) The Tahsildar having jurisdiction over the hill area;
(d) The Executive Engineer of the Agriculture Department incharge of soil conservation having jurisdiction over the hill area;
(e) The Personal Assistant (General) to the Collector of the District, who shall be the Secretary of the Committee.
In this case, the complaint has been filed not by such Committee but by the Forest Ranger. As such I find much force in the contention of the learned counsel for the petitioner and accordingly quash the charges framed under the Tamil Nadu Hill Areas (Preservation of Trees) Act, 1955.
In the result, the charge under section 7(1) of the Tamil Nadu Preservation of Private Forest Act, will not be applicable to the land bearing S.No. 12/2 and the charge with reference to the offence punishable under section 3(1)(a) to (c) of the Tamil Nadu Hill Areas (Preservation of Trees) Act, 1955 is quashed for want of a proper complaint. It is open to the complainant to file a fresh complaint, provided such a complaint is not barred by any law. The Crl.M.P. is ordered accordingly.
7. Order accordingly.