1958 (3) TMI 78

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....hich is the subject of this application as well as certain other items of properties were brought to sale in pursuance of directions of court by the commissioner to work out the partition decree. One of the items comprised in the said sale is the present S. No. 205/14 which is the subject of this application in this court. This item, as well as the other items come within the ambit of the Madras Preservation of Private Forests Act 1949 and there is also no dispute that the necessary sanction of the Collector under S.3(1) of the said Act was obtained by the commissioner who was authorised to sell the properties by the court. In pursuance of the said sanction of the District Collector, this item as well as other items were sold and this item....

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....alam Sub Court relating to the jenmom right of the applicant of the properties and therefore, the Government considers that it is not correct to sanction the request of the petitioner regarding this item. In this application, under Art.226, Mr. N. Sundara Iyer, learned counsel for the applicant, has contended that the order of the Collector as confirmed by the second respondent is vitiated by material irregularity in the exercise of his powers under the Madras Preservation of Private Forests Act 1949 Madras Act XXVII of 1949. The learned Government Pleader has also quite fairly stated that the Government and the Collector took up that attitude in rejecting this application because of the knowledge that they obtained regarding the dispute ....

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.... is only to see that neither the trees are cut nor any act is likely to delude the forest or diminish its utility as a forest is being done by either the owner or any person claiming under him. The learned Government Pleader has not been able to rely upon any particular section of this Act or any rule framed under this Act which in any way gives power to a District Collector to embark upon an enquiry about the title of the person who applies for permission under S.3. The only question that the District Collector can consider is to find out whether the application is by the owner of the forest and the term owner itself, as mentioned earlier, has been defined under S.2(b). Once he is satisfied that at the time when he files this application,....