Madras High Court
S.P.Muthuraman vs / on 23 October, 2025
Author: Anita Sumanth
Bench: Anita Sumanth
W.P.(MD)No.27201 & 24379 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.10.2025
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
AND
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
W.P.(MD)Nos.27201 and 24379 of 2025
&
W.P.(CRL)(MD)No.1184 of 2025
and
W.M.P.(MD)Nos.21127, 19139 of 2025
and
W.M.P.(CRL)(MD)No.313 of 2025
W.P.(MD)No.27201 of 2025:
S.P.Muthuraman ... Petitioner
/Vs./
1. Hill Area Conservation Authority - HACA,
Directorate of Town and Country Planning,
Government of Tamilnadu,
CMDA Complex, Koyambedu,
Chennai-600 107.
2. The Secretary to Government,
Housing and Urban Development Department,
Secreatariat, St.George Fort, Chennai.
3. The Director,
Directorate of Town and Country Planning,
2nd, 3rd and 4th Floor,
C and E Market Road, Koyambedu,
Chennai-600 107.
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W.P.(MD)No.27201 & 24379 of 2025
4. The District Collector,
District Collectorate,
Tenkasi District.
5. The Assistant Director,
DTCP-Hill Area Conservation Authority,
(Town and Country Planning),
Tirunelveli Road, Kalloorani Village,
Pavoorchattram, Tenkasi District.
6. The Archaeological Officer,
Department of Archaeology,
No.236, Tiruchendur Road,
Palayamkottai,
Tirunelveli District.
7. VC Green Energy Pvt Ltd.,
Managing Director Mr. Vasanth D Ramachandran,
D No.144 and 145-G SLV Noble
RR Embassy Building.
Nava India, Peelamedu,
Coimbatore 641004. ... Respondents
PRAYER:- Writ Petition - filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus direction directing the Respondent
No.1 to 5 forbearing the Respondent No.7 from cutting down the trees in
the declared hill area conservation village namely Maranthai,
Kallathikulam, Alangulam Taluk, Tenkasi District without obtaining prior
permission by Respondent No.1 to 5 which is mandated under
G.O.Ms.No. 49 passed by Housing And Urban Development Department
dated 24.03.2003 in an extent of 350 acres in Survey No. 18/4 18/5, 18/6,
19, 20/1, 20/2, 21/1A1, 22/3C, 26/2, 31/1A, 32/1B1, 32/1C, 33/1, 33/5
33/2A, 40, 41, 42/1, 42/3, 43, 45/1, 45/2 46/1, 46/2, 46/3B, 47/1, 47/2 48,
49, 50, 51/1, 52/1, 52/3, 53/1, 53/3, 318/2, 319, 320, 322, 324/1, 324/2,
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W.P.(MD)No.27201 & 24379 of 2025
324/4, 324/5, 326, 327, 328, 332 by considering the petitioner's
representation dated 29.08.2025.
For Petitioner : Mr.K.Dinesh
For Respondents : Mr.P.Thilak Kumar (R1 to R6)
Government Pleader
Mr.K.Sharath Chandran (R7)
for Mr.S.Dinu Prasanth
W.P.(MD)No.24379 of 2025:
K.Kala ... Petitioner
/Vs./
1. The Secretary,
The Ministry of Environment Forest and Climate Change,
Indira Paryavaran Bhawan Jorbagh Road,
New Delhi - 110 003.
2. The Principal Secretary,
Environment and Forest Department,
State of Tamil Nadu, Office of St. George Fort,
Chennai.
3. The Principal Chief Conservator of Forests,
(Head of Department), Panagal Maaligai,
Jeenis Road, Saidapet, Chennai.
4. The Field Director / Conservator of Forest,
Office of the Conservator of Forest,
NGO-A Colony, Palayamkottai,
Tirunelveli District.
5. The District Forest Officer,
District Forest Office,
Tenkasi Forest Division,
Kalangarai, Senkottai,
Tenkasi District - 627 809.
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W.P.(MD)No.27201 & 24379 of 2025
6. The District Collector,
Collectorate, Tenkasi District.
7. The Superintendent of Police,
Superintendent of Police Office,
Tenkasi District.
8. The Revenue Divisional Officer,
O/o. Revenue Divisional Officer,
Tenkasi Taluk, Tenkasi District.
9. The Tahsildar,
Alangulam Taluk Office,
Tenkasi District.
10. The Inspector of Police,
Alangulam Police Station,
Tenkasi District.
11. VC Green Energy Private Limited,
Managing Director Vasanth D Ramachandran,
D. No.144 and 145-G Slv Noble,
RR Embassy Building,
Nava India, Peelamedu,
Coimbatore - 641 004. ... Respondents
PRAYER:- Writ Petition - filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, directing the respondents No.1 to 6
to issue notification declaring as Reserved Forest of the patta land by
extending the Reserved Forest namely Kavalkutti Parambai (RF) as per
Section 3 and 4 of Forest Act, 1927 and restraining the respondent No.11
from cutting / felling of trees for the land in Survey No. 18/4, 18/5, 18/6,
19, 20/1, 20/2, 21/1A1, 22/3C, 26/2, 31/1A, 32/1B1, 32/1C, 33/1, 33/5,
33/2A, 40, 41, 42/1, 42/3, 43, 45/1, 45/2, 46/1, 46/2, 46/3B, 47/1, 47/2,
48, 49, 50, 51/1, 52/1, 52/3, 53/1, 53/3, 318/2, 319, 320, 322, 324/1,
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W.P.(MD)No.27201 & 24379 of 2025
324/2, 324/4, 324/5, 326, 327, 328, 332 situated at very adjacent to the
Kavalkutti Parambai Reserved Forest for the purpose of protecting and
safeguarding the wild life animals and forest by considering the
petitioner's representation dated 30.08.2025 within the time stipulated by
this Court.
For Petitioner
: Mr.N.Arjunkumar
For Respondents
: Mr.R.J.Karthick (R1)
Mr.P.Thilakkumar (R2 to R6, R8 & R9)
Government Pleader
Mr.P.Kottaichamy (R7 & R10)
Government Advocate (Crl.side)
Mr.K.Sharath Chandran (R11)
for Mr.S.Dinu Prasanth
W.P.(CRL)(MD)No.1184 of 2025:
1.VC Green Energy Pvt Ltd and Others
Managing Director Mr.Vasanth D Ramachandran,
D.No.144 & 145-G SLV Noble, RR Embassy Building,
Nava India, Peelamedu, Coimbatore-641 004.
2.M/s.EKS Pure Power Pvt Ltd.,
Rep by its Authorized Representative,
Mr.Vasanth D.Ramachandran,
D.No.144 &145-G SLV Noble, RR Embassy Building,
Nava India, Peelamedu, Coimbatore-641 004.
3.M/s.Sri Vasudeva Textiles Pvt Ltd.,
Rep by its authorized representative,
Mr.Vasanth D.Ramachandran,
D.No.144 & 145-G SLV Noble, RR Embassy Building,
Nava India, Peelamedu, Coimbatore-641 004.
4.M/s.SVT Green Energy Pvt Ltd.,
Rep by its authorized representative,
Mr.Vasanth D.Ramachandran,
D.No.144 & 145-G SLV Noble, RR Embassy Building,
Nava India, Peelamedu, Coimbatore-641 004.
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W.P.(MD)No.27201 & 24379 of 2025
5.M/s.KRR AIR Pvt Ltd.,
Rep by its authorized representative,
Mr.Vasanth D.Ramachandran,
D.No.144 &145-G SLV Noble, RR Embassy Building,
Nava India, Peelamedu, Coimbatore-641 004.
6.M/s.Shansen Green Powers Air Pvt Ltd.,
Rep by its authorized representative,
Mr.Vasanth D.Ramachandran,
D.No.144 &145-G SLV Noble, RR Embassy Building,
Nava India, Peelamedu, Coimbatore-641 004.
7.M/s.Sudar Solar LLP
Rep by its authorized representative,
Mr.Vasanth D.Ramachandran,
D.No.144 & 145-G SLV Noble, RR Embassy Building,
Nava India, Peelamedu, Coimbatore-641 004.
8.M/s.SKT Textile Mills
Rep by its authorized representative,
Mr.Vasanth D.Ramachandran,
D.No.144 & 145-G SLV Noble, RR Embassy Building,
Nava India, Peelamedu, Coimbatore-641 004.
9.M/s.Surabhi Renewable Energy Pvt Ltd.,
Rep by its authorized representative,
Mr.Vasanth D.Ramachandran,
D.No.144 & 145-G SLV Noble, RR Embassy Building,
Nava India, Peelamedu, Coimbatore-641 004.
10.M/s.GR Renewable Energy Pvt Ltd.,
Rep by its authorized representative,
Mr.Vasanth D.Ramachandran,
D.No.144 & 145-G SLV Noble, RR Embassy Building,
Nava India, Peelamedu, Coimbatore-641 004.
11.M/s.Vijayalakshmi Textiles,
Rep by its authorized representative,
Mr.Vasanth D.Ramachandran,
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W.P.(MD)No.27201 & 24379 of 2025
D.No.144 & 145-G SLV Noble, RR Embassy Building,
Nava India, Peelamedu, Coimbatore-641 004.
12.M/s.Infra Pvt Ltd.,
Rep by its authorized representative,
Mr.Vasanth D.Ramachandran,
D.No.144 & 145-G SLV Noble, RR Embassy Building,
Nava India, Peelamedu, Coimbatore-641 004.
13.M/s.Vanitha Textiles,
Rep by its authorized representative,
Mr.Vasanth D.Ramachandran,
D.No.144 & 145-G SLV Noble, RR Embassy Building,
Nava India, Peelamedu, Coimbatore-641 004.
14.M/s.Ezhil Energies,
Rep by its authorized representative,
Mr.Vasanth D.Ramachandran,
D.No.144 & 145-G SLV Noble, RR Embassy Building,
Nava India, Peelamedu, Coimbatore-641 004.
15.M/s.Shri Shakthi Eco Energy (P) Ltd.,
Rep by its authorized representative,
Mr.Vasanth D.Ramachandran,
D.No.144 & 145-G SLV Noble, RR Embassy Building,
Nava India, Peelamedu, Coimbatore-641 004.
16.M/s.Sri Naga Sai Energy Pvt Ltd.,
Rep by its authorized representative,
Mr.Vasanth D.Ramachandran,
D.No.144 & 145-G SLV Noble, RR Embassy Building,
Nava India, Peelamedu, Coimbatore-641 004.
17.M/s.Akilandeswari Green Energy Pvt Ltd.,
Rep by its authorized representative,
Mr.Vasanth D.Ramachandran,
D.No.144 & 145-G SLV Noble, RR Embassy Building,
Nava India, Peelamedu, Coimbatore-641 004.
... Petitioner
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W.P.(MD)No.27201 & 24379 of 2025
/Vs./
1.The District Collector,
District Collector Office,
Tenkasi District.
2.The Revenue Divisional Officer,
Tenkasi, Tenkasi District.
3.The Superintendent of Police,
Tenkasi, Tenkasi District.
4.The Deputy Superintendent of Police,
Alangulam, Tenkasi,
Tenkasi District.
5.The District Forest Officer,
Tenkasi, Tenkasi District.
6.The Thasildar,
Tenkasi District,
Tenkasi.
7.The Inspector of Police,
Alangulam Police Station,
Tenkasi, Tenkasi District. ... Respondents
PRAYER:- Writ Petition - filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, directing the third respondent herein
to provide adequate police protection for cutting and removal of
exempted trees in the petitioner's private lands, until the completion of
the project in the land situated in S.F.Nos.20/2, 21/1A, 47/2, 46/2, 46/1,
47/1, 46/3, 45/1, 45/2, 48, 49, 43, 42/3, 50, 42/3, 50, 42/3, 46/2, 46/3B,
45/2, 45/2, 45/1, 52/1, 53/1, 42/1, 51/1, 318/2, 319, 320, 327, 328, 45/1,
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52/3, 53/3, 41, 42/1, 40, 49, 332, 40, 53/3, 41, 42/1, 52/3, 326, 332, 326,
327, 328, 324/4, 324/1, 324/5, 324/4, 20/1, 26/2, 18/6, 33/2A, 20/2,
21/1A1, 322, 52/1, 53/1, 51/1, 31/, 320, 326, 324/4, 324/5, 327, 326,
324/5, 322, 327, 537/1, 288/3, 18/6, 26/2, 8/4, 288/1, 537/3, 538/1,
273/1, 274/1, 287/1, 287/3, 536, 18/4, 33/5, 26/2, 20/2, 33/2A, 32/1A,
32/1B, 32/1C, 26/2, 33/1, 33/22A, 19, 20/1, 20/2, 318/2 situated in
Maranthai Village, Alangulam Taluka, Tenakasi District for installation
of solar without insisting of No Objection Certificate (NOC) from forest
and revenue officials in the light of exemption granted by the
Government of India, Ministry of Agriculture, Cooperation and Farmers
Welfare inproceeding F.No.10-2/2020-NRM-SMAF and in the light of
exemption granted from the purview of Timber Transit Rules, 1968 in
G.O.Ms.No.102 of the Environmental and Forest Department, dated
03.09.2007 and by considering the petitioner's representation dated
07.08.2025 within the period stipulated by this Court.
For Petitioner : Mr.Sharath Chandran
for Mr.Dinu Prashanth
For Respondents : Mr.P.Thilakkumar (R1 R2, R5 & R6)
Government Pleader
Mr.P.Kottaichamy (R4)
Government Advocate (Crl.side)
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W.P.(MD)No.27201 & 24379 of 2025
COMMON ORDER
(Order of the Court was made by DR.ANITA SUMANTH, J.) A common order is passed in these writ petitions as the cause of action is one and the same.
2.The petitioners seek mandamus to forbear VC Green Energy/ a private entity from cutting down trees in the hilly areas in Maranthai Village without obtaining necessary statutory approvals including from the Hill Area Conservation Authority (HACA).
3.In the first of the writ petitions, that is W.P.(MD)No.24379 of 2025, an interim order had been granted on 09.09.2025 preventing felling of trees and this order came to be vacated on 24.09.2025 in the following terms:
“Counters filed by R3 and R6 would suffice.
2. Since the petitioner has just received a copy of the same, he seeks some time to get instructions.
3. In light of the counter affidavit of R3 and R6, who are the Principal Chief Conservator of Forests, Panagal Maaligai and the District Collector, Tenkasi, at Paragraph Nos.4 and 7, which are extracted below, the order of status quo granted earlier is not continued.
"4) We submit that the above said lands are all private lands and they do not contain any plantation of the Forest Department and they also do not share any boundaries with the said the Kavalkuttiparambu (RF) and a report filed by Forest Range Officer, Alangulam, bearing Na.Ka No: 93/2025 dated 05.09.2025 also indicates that the most immediate land out of all the private lands mentioned above, is located 200 meters away from the said Kavalkuttiparambu (RF).10/18
https://www.mhc.tn.gov.in/judis ( Uploaded on: 31/10/2025 07:53:29 pm ) W.P.(MD)No.27201 & 24379 of 2025 Hence, it becomes pertinent to note that mere extension of the Kavalkuttiparambu (RF) by way of notification, even on assumption that it is lawfully possible to do so, it would not immediately cover the above said private lands.
7) We also submit that the above mentioned report bearing No:
REVALG/1270/2025-A2 dated 13.09.2025 also clarifies that that these lands do not either comprise any area notified as Eco Sensitive Zones (ESZs) i.e., not within 10 Kms radius of Kalakaadu Mundanthurai Tiger Reserve; or any area scheduled to be preserved/protected under the Tamil Nadu Preservation of Private Forests Act, 1949 or the Tamil Nadu Hill Areas (Preservation of Trees) Act, 1955."
4. List on 23.10.2025.”
4.On the heels of that, W.P.(MD)No.27201 of 2025 came to be instituted and having regard to the submissions made, an order of status quo was granted on 26.09.2025 in the following terms:
'Mr.P.Thilak Kumar, learned Government Pleader accepts notice for R1 to R6 and Mr.S.Sakthi Siddharth, learned counsel representing Mr.S.Dinu Prasanth, accepts notice for R7.
2. Similar prayer has been made in WP(MD)No. 24379 of 2025, which has been listed by us on 23.10.2025 and the challenge in both the writ petitions is to the industrial activities that are contemplated by R7 in Tirunelveli/Alangulam/Maranthai Village.
3. The learned counsel appearing for the petitioner relies on G.O.Ms.No.49, Housing and Urban Development (UD2.2) Department, dated 24.03.2003 ('2003 circular') and the annexure thereto, which permits certain activities conditional upon clearance being obtained from the Hill Area Conservation Authority ('HACA'/R1)
4. The objection of the learned counsel for R7 is to the effect that activities coming under the head of Energy Department do not include generation of solar energy.
However, and prima facie, mere non-mentioning of solar energy in the 2003 circular would not mean that developmental activities relating to generation of solar energy 11/18 https://www.mhc.tn.gov.in/judis ( Uploaded on: 31/10/2025 07:53:29 pm ) W.P.(MD)No.27201 & 24379 of 2025 are permitted in the hill areas without permission from HACA, as generation of Energy finds specifically mentioned in that circular.
5. Secondly, R7 is aggrieved by the fact that there is an energy power plant, which is run by Neyveli Lignite Corporation India Limited (NLCIC) proximate to the present site. In such instance, we would require Mr.Thilakkumar to obtain instructions whether necessary clearances that have been obtained by NLCIC.
6. List on 23.10.2025 as an item successive to WP(MD)No.24379 of 2025.
7. Status quo in regard to the activities of R7 till then.'
5.Today the matters are listed together for hearing in light of the commonality of the relief sought. It all boils down to whether the generating company, that is, the private respondent has obtained proper approvals from the statutory authorities particularly, HACA. The stand of the petitioners as put forth by Mr.Sharath Chandran is that the lands in Survey Nos.S.F.Nos.20/2, 21/1A, 47/2, 46/2, 46/1, 47/1, 46/3, 45/1, 45/2, 48, 49, 43, 42/3, 50, 42/3, 50, 42/3, 46/2, 46/3B, 45/2, 45/2, 45/1, 52/1, 53/1, 42/1, 51/1, 318/2, 319, 320, 327, 328, 45/1, 52/3, 53/3, 41, 42/1, 40, 49, 332, 40, 53/3, 41, 42/1, 52/3, 326, 332, 326, 327, 328, 324/4, 324/1, 324/5, 324/4, 20/1, 26/2, 18/6, 33/2A, 20/2, 21/1A1, 322, 52/1, 53/1, 51/1, 31/, 320, 326, 324/4, 324/5, 327, 326, 324/5, 322, 327, 537/1, 288/3, 18/6, 26/2, 8/4, 288/1, 537/3, 538/1, 273/1, 274/1, 287/1, 287/3, 536, 18/4, 33/5, 26/2, 20/2, 33/2A, 32/1A, 32/1B, 32/1C, 26/2, 33/1, 12/18 https://www.mhc.tn.gov.in/judis ( Uploaded on: 31/10/2025 07:53:29 pm ) W.P.(MD)No.27201 & 24379 of 2025 33/22A, 19, 20/1, 20/2, 318/2 situated in Maranthai Village, Alangulam Taluka, Tenakasi District (lands in question), are private lands. The trees growing therein are not scheduled trees and on both counts, there is no requirement for approval to be taken for felling of the same.
6.The stand of the private entity is supported by the official respondents and the Assistant Director of DTCP-HACA has filed a counter, wherein it stating categorically that no permission from HACA is necessary for the purpose of cutting of trees.
7.The acreage of the lands in question is about 350 acres, that housed around 4750 trees. As on date unfortunately, all of them have been felled and it is the case of the petitioner that they had been felled even in July-August, 2025 long prior to the institution of the writ petitions.
8.In light of the factual position that (i)the lands in question, have been made ready for generation of electricity (ii) all trees there, have been felled, there is no necessity to go into the question of whether G.O.Ms.No.49 dated 24.03.2023 and other applicable guidelines, vest authority with the HACA to look into the question of felling of trees and other incidental and ancillary aspects of hilly area conservation. We hence leave this aspect of the matter open to be considered in an 13/18 https://www.mhc.tn.gov.in/judis ( Uploaded on: 31/10/2025 07:53:29 pm ) W.P.(MD)No.27201 & 24379 of 2025 alternative, appropriate matter. In these circumstances we are constrained not to consider the grant of mandamus sought for, and these writ petitions are closed.
9.Proper reparation will be made by VC Green Energy by planting trees in the ratio of ten fruit bearing trees to every tree that has been felled. The exercise of identification of appropriate trees and location for planting shall be decided in consultation with the District Forest Officer and completed within one month from today. No costs.
Consequently, connected miscellaneous petitions are closed.
[A.S.M.J.,] & [C.K.J.,]
23.10.2025
NCC :Yes
Index :Yes/No
Internet :Yes
ta
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W.P.(MD)No.27201 & 24379 of 2025
To
1. Hill Area Conservation Authority - HACA, Directorate of Town and Country Planning, Government of Tamilnadu, CMDA Complex, Koyambedu, Chennai-600 107.
2. The Secretary to Government, Housing and Urban Development Department, Secreatariat, St.George Fort, Chennai.
3. The Director, Directorate of Town and Country Planning, 2nd, 3rd and 4th Floor, C and E Market Road, Koyambedu, Chennai-600 107.
4. The District Collector, District Collectorate, Tenkasi District.
5. The Assistant Director, DTCP-Hill Area Conservation Authority, (Town and Country Planning), Tirunelveli Road, Kalloorani Village, Pavoorchattram, Tenkasi District.
6.The District Forest Office, Tenkasi Forest Division, Kalangarai, Senkottai, Tenkasi District - 627 809.
6. The District Collector, Collectorate, Tenkasi District.
7. The Superintendent of Police, Superintendent of Police Office, Tenkasi District.
15/18https://www.mhc.tn.gov.in/judis ( Uploaded on: 31/10/2025 07:53:29 pm ) W.P.(MD)No.27201 & 24379 of 2025
8. The Revenue Divisional Officer, O/o. Revenue Divisional Officer, Tenkasi Taluk, Tenkasi District.
9. The Tahsildar, Alangulam Taluk Office, Tenkasi District.
10. The Inspector of Police, Alangulam Police Station, Tenkasi District.
11. Hill Area Conservation Authority - HACA, Directorate of Town and Country Planning, Government of Tamilnadu, CMDA Complex, Koyambedu, Chennai-600 107.
12. The Secretary to Government, Housing and Urban Development Department, Secreatariat, St.George Fort, Chennai.
13. The Director, Directorate of Town and Country Planning, 2nd, 3rd and 4th Floor, C and E Market Road, Koyambedu, Chennai-600 107.
14. The District Collector, District Collectorate, Tenkasi District.
15. The Assistant Director, DTCP-Hill Area Conservation Authority, (Town and Country Planning), Tirunelveli Road, Kalloorani Village, Pavoorchattram, Tenkasi District.
16. The Archaeological Officer, Department of Archaeology, 16/18 https://www.mhc.tn.gov.in/judis ( Uploaded on: 31/10/2025 07:53:29 pm ) W.P.(MD)No.27201 & 24379 of 2025 No.236, Tiruchendur Road, Palayamkottai, Tirunelveli District.2. The Principal Secretary, Environment and Forest Department, State of Tamil Nadu, Office of St. George Fort, Chennai.
17.The District Collector, District Collector Office, Tenkasi District.
18.The Revenue Divisional Officer, Tenkasi, Tenkasi District.
19.The Superintendent of Police, Tenkasi, Tenkasi District.
20.The Deputy Superintendent of Police, Alangulam, Tenkasi, Tenkasi District.
21.The District Forest Officer, Tenkasi, Tenkasi District.
22.The Thasildar, Tenkasi District, Tenkasi.
23.The Inspector of Police, Alangulam Police Station, Tenkasi, Tenkasi District.
17/18https://www.mhc.tn.gov.in/judis ( Uploaded on: 31/10/2025 07:53:29 pm ) W.P.(MD)No.27201 & 24379 of 2025 DR.ANITA SUMANTH, J.
AND C.KUMARAPPAN, J.
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