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2025 DAILYLAW 9141 (MAD)

M.MURUGESAN v. THE STATE OF TAMILNADU

WP/36417/2025 · 2026-07-24

D Bharatha Chakravarthy, N Sathish Kumar

Transfer Petitionbody2025

Judgment text

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W.P.No.36417 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.07.2026 CORAM : THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR AND THE HONOURABLE MR. JUSTICE D. BHARATHA CHAKRAVARTHY W.P.No. 36417 of 2025 and W.M.P.Nos.40702 & 40703 of 2025 M.Murugesan Petitioner(s) Vs 1.The State of Tamil Nadu Represented by the Principal Secretary, Department of Forests and Environment, Fort St. George, Chennai – 600 009. 2.The Principal Chief Conservator of Forests, O/o. The Principal Chief Conservator of Forests (Head of Forest Force) Forest Head Quarters, Guindy – Velachery Main Road, Chennai – 600 032. 3.The Deputy Director, O/o. the Deputy Director, Sathyamangalam Tiger Reserve, Sathyamangalam Forest Division, Gobi main road, Rangasamuthiram Post, Sathyamangalam – 638 402. Respondent(s) https://www.mhc.tn.gov.in/judis W.P.No.36417 of 2025 Writ Petition under Article 226 of the Constitution of India calling for the record of proceedings pertaining to the Action Plan bearing SF2/4037/2025 dated 1.9.2025 issued by the 2nd respondent and the consequential Auction notice issued vide proceedings bearing Na.Ka.No.2389/2025/T1 dated 8.9.2025 by the 3rd respondent, quash the same and consequently direct the 2nd respondent to issue a fresh Action Plan to be prevail over the State of Tamil Nadu thereby permitting machineries with an operating capacity not less than 75 HP (equivalent to JCB 3DX-7 to 10 tonnes) for the effective removal of the invasive species i.e., prosopis Juliflora and later issue fresh tender by the 3rd respondent. For Petitioner : Mr.R.Murali For Respondent(s): Mr.G.Abraham Prabhu, Government Counsel for R1 to R3 ORDER The prayer in the writ petition is to call for the records relating to the impugned proceedings dated 01.09.2025 bearing Ref.No.SF2/4037/2025 pertaining to the Action Plan and also the consequential auction notice dated 08.09.2025 bearing Na.Ka.No.2389/2025/T1 and quash the same and consequently, to direct the respondents to issue fresh tender in this regard permitting usage of machineries for removal of prosopis juliflora. 2.The issue relates to use of machinery for removal of prosopis juliflora. Pending the present writ petition, in several other matters, we have already granted https://www.mhc.tn.gov.in/judis W.P.No.36417 of 2025 directions and reiterated that, considering the nature of prosopis tree, it is impossible to manually uproot and remove the same and we had already passed series of orders permitting the use of machineries and overturning the objections raised by the Forest Department, latest of that being passed on 07.11.2025 in W.P. (MD) No.3633 of 2014 and W.P.No.36417 of 2025. The said orders have become final. In view thereof, as a matter of fact, today, the learned Government Counsel would also submit that they are already implementing the orders and permitting the use of machineries. 3.In view thereof, nothing further remains to be adjudicated except to declare that the impugned Action Plan dated 01.09.2025 and the consequential auction notice dated 08.09.2025 shall not be implemented only inasmuch as it relates to prohibiting the usage of machineries for removal of prosopis juliflora and in every tender, permission shall be granted for the use of machineries for removal of prosopis juliflora. 4.With such declaration and direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. [N.S.K., J.] [D.B.C., J.] 24.07.2026 mkn https://www.mhc.tn.gov.in/judis W.P.No.36417 of 2025 To 1.The Principal Secretary, State of Tamil Nadu, Department of Forests and Environment, Fort St. George, Chennai – 600 009. 2.The Principal Chief Conservator of Forests, O/o. The Principal Chief Conservator of Forests (Head of Forest Force) Forest Head Quarters, Guindy – Velachery Main Road, Chennai – 600 032. 3.The Deputy Director, O/o. the Deputy Director, Sathyamangalam Tiger Reserve, Sathyamangalam Forest Division, Gobi main road, Rangasamuthiram Post, Sathyamangalam – 638 402. https://www.mhc.tn.gov.in/judis W.P.No.36417 of 2025 N. SATHISH KUMAR. J. AND D. BHARATHA CHAKRAVARTHY. J. mkn W.P.No. 36417 of 2025 24.07.2026 https://www.mhc.tn.gov.in/judis