Madras High Court
M.Kothandaraman vs The State Of Tamil Nadu on 13 November, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.43813 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.11.2025
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.43813 of 2025
1.M.Kothandaraman
2.A.Regunathan
3.C.Subramanian
4.S.Ramasubbu
5.V.Nesaiyan ...Petitioners
-Vs-
1.The State of Tamil Nadu,
Represented by its Additional Chief Secretary to Government,
Environment, Climate Change and Forest Department,
Fort St.George,
Chennai-9.
2. The Principal Chief Conservator of Forests,
(Head of Forest Force),
Forest Head Quearters,
Velachery Main Road,
Guindy,
Chennai-600 032. ... Respondents
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W.P.No.43813 of 2025
Prayer:Writ Petition filed under Article 226 of Constitution of India praying
for the issuance of a Writ of Certiorarified Mandamus, calling for the records
in Ref.No.LL3/21299/2023 dated 13.09.2023 of the second respondent and
to quash the same and consequently directing the respondents to regularize
the petitioners services in the cadre post of Forest Watchers for the purpose
of getting pension by giving relaxation in respect of height on par with their
junior namely K.Annadurai, S.No.4686 with effect from 24.1.1995 in the
light of the order passed in W.P.No.9708 of 2014 dated 12.9.2014 same was
confirmed by the Division Bench in W.A.No.1703 of 2014 dated 20.1.2015,
WA No.1838 and 1839 of 2018 dated 11.8.2021 and implementation order
passed by the 1st respondent in G.O(2D)No.28, Environment, Climate
Change and Forest (FR.2(ii) Department dated 5.3.2024 and in the light of
the order passed in W.P.No.21349 and etc, Batch of 2023 dated 3.8.2023
with all consequential benefits
For Petitioners : Ms.K.Jenitha
For Respondents : Mr.C.Selvaraj
Additional Government Pleader
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W.P.No.43813 of 2025
ORDER
This writ petition has been filed challenging the order passed by the second respondent dated 13.09.2023, thereby rejecting the requests made by the petitioners seeking regularization of service in the cadre of Forest Watcher on par with their juniors with effect from 24.01.1995.
2. Heard, the learned counsel appearing on either side and perused the materials placed before this Court.
3. A similar issue has already been dealt with by this Court in W.P.No.19003 of 2024. This Court, by an order dated 10.07.2024, allowed the writ petition and held as follows:
“4. Similarly placed persons were granted relief in W.P.No.23647 of 2013 dated 12.09.2014. The said order was also confirmed by the Hon'ble Division Bench of this Court in W.A.No.2072 of 2018 dated 11.08.2021. In fact, the said order was duly complied with by issuance of G.O. (2D).No.09 Environment, Climate Change and Forest (FR.2(II) Department dated 08.02.2022. However, the representation of the petitioner is not considered so far.
5. In similar matters, this Court considered the similar request in W.P.Nos.21349 of 2023 and batch dated 03.08.2023 and held as follows:-
3/7https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/03/2026 05:50:42 pm ) W.P.No.43813 of 2025 “7. Admittedly, the grievance of the writ petitioner is that he is seeking regularization of service for pensionary benefits. It is the contention of the writ petitioners that similarly persons have been given such benefits as per Government Orders in G.O.Ms.No.95, Environment and Forest Department, dated 07.08.2009, G.O (2D) No. 08 Environment Climate Change And Forests (FR.2ii) Department dated 09.01.2023 and G.O. [2D] No.9, dated 08.02.2022. Based on the Orders of this Court in W.A.No.2072 of 2018, dated 11.08.2021, the Government has issued the Government Order in G.O (2D) No. 08 Environment Climate Change And Forests (FR.2ii) Department dated 09.01.2023. As per the above Government Orders, the relief has been extended to similarly placed persons. Hence, the respondents are directed to consider the case of the petitioners in the light the above Government Orders, as the benefit has been extended to similarly placed person. In fact the plot watchers are frontline soldiers in forest and they are main protectors of the forest. These facts cannot be disputed by any one. Hence, while passing the Orders, the Government shall take into consideration the nature of service rendered by the petitioners and also the fact that when similarly placed persons have already been granted the relief, if the petitioners are not granted such relief, the same is nothing but discrimination and it violates Article 14 of Constitution of India. In such view of the matter, the respondent shall extend the benefits as per above Government Orders as 4/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/03/2026 05:50:42 pm ) W.P.No.43813 of 2025 it is extended to similarly situated persons. ......”
4. In view of the above, the impugned order cannot be sustained and it is liable to be quashed. Accordingly, the impugned order in Ref.No.LL3/21299/2023 dated 13.09.2023, is hereby quashed. The respondents are directed to consider the case of the petitioners, in the light of the above order passed in W.P.Nos.21349 of 2023 and batch dated 03.08.2023 as the benefits have been extended to similarly placed persons and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
5. With the above directions, this writ petition is allowed. There shall be no order as to costs.
13.11.2025 Index:Yes/No Speaking Order/Yes/No Neutral Citation/Yes/No mrn 5/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/03/2026 05:50:42 pm ) W.P.No.43813 of 2025 To
1.The Additional Chief Secretary to Government, The State of Tamil Nadu, Environment, Climate Change and Forest Department, Fort St.George, Chennai-9.
2. The Principal Chief Conservator of Forests, (Head of Forest Force), Forest Head Quearters, Velachery Main Road, Guindy, Chennai-600 032 6/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/03/2026 05:50:42 pm ) W.P.No.43813 of 2025 G.K.ILANTHIRAIYAN, J.
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