Arumugam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Arumugam S/o.Chinnanachi ... Petitioner Vs.

1. The District Collector, Office of the Collectorate, Salem - 636 001.

2. The District Revenue Officer, Office of Collectorate Complex, Salem - 636 001.

3. The Revenue Divisional Officer, Office of Revenue Division, Sankari - 637 301, Salem District.

4. The Tahsildar, Taluk Office, Edappadi - 637 301, Salem District.

5. The Revenue Inspector, Konganapuram, Edappadi Taluk, Salem District - 637 102.

6. The Village Administrative Officer, 1/6

Koranampatty Village, Edappadi Taluk, Salem District - 637 102.

7. The Superintendent of Police, Nethimedu, Salem - 636 002.

8. The Deputy Superintendent of Police, Sankari, Salem District - 637 301.

9. The Inspector of Police, Konganapuram Police Station, Konganapuram, Edappadi Taluk, Salem District - 637 102.

10. Kunjan S/o.Raman

11. Murugesan S/o.Raman ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to remove the tree and close the pit situated adjacent to the petitioner's asbestos sheeted house in S.F.No.124/3, Manickampoosari Valavu, Koranampatty Village, Edappady Taluk, Salem District as per 3rd respondent's proceedings in Na.Ka.No.1/2017(c) dated 15.03.2017 and O.MU.No.3303/2021 dated 17.11.2021 by considering petitioner's representation dated 27.12.2024.

For Petitioner : Mr.R.Marudhachalamurthy For Respondents : Mr.M.R.Gokul Krishnan Additional Government Pleader [R1 to R6] Mr.Vinothraja Government Advocate [R7 to R9] *****

O R D E R

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This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to consider the representation made by the petitioner on 27.12.2024 wherein the petitioner is seeking for removal of some of the trees and also to close the pit which is situated adjacent to the house belonging to the petitioner.

2. Heard Mr.R.Marudhachalamurthy, learned counsel for petitioner, Mr.M.R.Gokul Krishnan, learned Additional Government Pleader appearing for respondents 1 to 6 and Mr.Vinothraja, learned Government Advocate appearing for respondents 7 to 9.

3. The petitioner made a representation and based on the same, the third respondent issued proceedings dated 15.03.2017 and subsequent proceedings dated 17.11.2021 directing removal of the tree and to close the pit. In spite of the same, there was no progress. It is under these circumstances, the present writ petition came to be filed before this Court.

4. Learned Additional Government Pleader, based on instructions, submitted that the tree has been removed and the pit is now 3/6

covered by water and hence, the same will be closed within a period of two (2) weeks.

5. In reply to the above submission, the learned counsel for the petitioner submitted that the tree has not been removed and what has been removed is only some of the branches and the tree is intact which causes hindrance to the petitioner.

6. Taking into consideration the rival submissions, the fourth respondent will do the needful within a period of four (4) weeks from the date of receipt of a copy of this order.

This writ petition is disposed of with the above direction. No costs.

07.03.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To

1. The District Collector Office of the Collectorate Salem - 636 001 4/6

2. The District Revenue Officer Office of Collectorate Complex Salem - 636 001

3. The Revenue Divisional Officer Office of Revenue Division Sankari - 637 301 Salem District

4. The Tahsildar Taluk Office, Edappadi - 637 301 Salem District

5. The Revenue Inspector Konganapuram Edappadi Taluk Salem District - 637 102

6. The Village Administrative Officer Koranampatty Village Edappadi Taluk Salem District - 637 102

7. The Superintendent of Police Nethimedu Salem - 636 002

8. The Deputy Superintendent of Police Sankari, Salem District - 637 301

9. The Inspector of Police Konganapuram Police Station Konganapuram, Edappadi Taluk Salem District - 637 102 N.ANAND VENKATESH, J gm 5/6

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