Bharathiraja M v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.02.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Bharathiraja M : Petitioner versus 1.The State of Tamil Nadu Rep by its Secretary Department of Environment Climate change and Forest Fort St.George, Chennai 2.Tamil Nadu State Biodiversity Board Rep by its Member secretary Velacherry Tambaram Main Road Nanmangalam Medavakkam Post Chennai 100 3.The Tamil Nadu Road Sector Project II Rep. by its Project Director TNMB Building No. 171 South Kesava Perumalpuram Greenways Road, R.A. Puram, Chennai 28 : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 3rd respondent to avoid felling the Bombax ceiba trees along Chengalpattu Walajabad road adopt alternative alignment at these locations

For Petitioner :

No appearance For Respondents :

Mr.T.K.Saravanan Government Advocate

ORDER

(Made by the Hon'ble Chief Justice) None appears for the petitioner.

2. Mr.T.K.Saravanan, learned Government Advocate, submits that road has already been expanded. The status report says that eight numbers of trees had to be felled along the road stretch and the same would be compensated by planting 80 numbers of Bombax ceiba trees. The learned Government Advocate submits that 80 numbers of Bombax ceiba trees have been planted.

3. It is further submitted by the learned Government Advocate that Bombax ceiba tree is neither endangered nor endemic as it has been listed in the least concerned category by the International Union of Conservation of Nature and the species is found widespread across the State and India.

4. As none appears for the petitioner, the writ petition is dismissed. There shall be no order as to costs. Consequently, WMP No.23037/2021 is closed.

(S.V.G., CJ.) (D.B.C., J.) 01.02.2024 Index : Yes/No : Yes/No tar To 1.The Secretary Department of Environment Climate change and Forest Fort St.George, Chennai 2.The Member secretary Tamil Nadu State Biodiversity Board Velacherry Tambaram Main Road Nanmangalam Medavakkam Post Chennai 100 3.The Project Director Tamil Nadu Road Sector Project II TNMB Building No. 171 South Kesava Perumalpuram Greenways Road, R.A. Puram, Chennai 28

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 01.02.2024