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Madras High CourtWP/25469/2021dismissed

K.Rangarajan v. The Tahsildar

2021-11-30Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.25469 of 2021 K.Rangarajan ... Petitioner Vs.

1. The Tahsildar, Office of the Tahsildar Office, Gudalur Village, Maraimalai Nagar, Chengalpattu District 603 209.

2. The Revenue Inspector, Office of the Revenue Inspector, Kattankulathur, Chengalpattu District.

3. Ramesh

4. Kasi

5. Mohan ... Respondents Prayer:Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to consider the petitioner representation dated 24.08.2021 and to remove the neem tree from the petitioners pathway to any other place and pass an order or any other order or orders or appropriate order as this Honourable court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner : Mr.J.Arul Prakasam For Respondents : Mr.M.R.Gokulkrishnan Government Advocate for R1 and R2 No appearance for R3 and R5

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the 1st respondent to consider the

petitioner representation dated 24.08.2021 and to remove the neem tree from the petitioners pathway to any other place

2. The case of the petitioner is that the petitioner is a resident of Door No.02/15, HIG, CMDA, TNHB, Gudalur Village, Maraimalai Nagar, Chengalpattu District and the said property has been approved by CMDA Housing Board and was purchased from one Bharthidasan in the year 2019. The petitioner has paid property tax and all other government taxes regularly from the date of purchase. The petitioner has constructed the property after getting proper approval, where in the main entrance of his building, there is a pathway and in the said pathway, disturbing access to his property, there is a neem tree. Hence, in order to remove the same to have free access to his property, the petitioner made representation in person on 24.08.2021 to the 1st respondent, which has been forwarded to the 2nd respondent, however no action or whatsoever has been taken by the respondents on the said representation. Since, the respondents failed to take action against the representation and neglected his statutory duties, this present petition is filed.

3. The learned counsel appearing for the petitioner, would submit that this it would suffice if this Court issues direction to the 1st respondent to consider the petitioner's representation dated 24.08.2021 and pass orders on the same within a particular time frame fixed by this Court. 4.The learned Government Advocate appearing for the respondents 1 and 2 submitted that the Government has constituted green committees at the State and District levels to regulate the cutting and planting of trees in public lands and public officers, following a directive of this Court and thereby panel has been formed to regulate cutting and planting of trees and therefore, if at all the petitioner is having any grievance, he has to approach the State or District level committees for redressal of the same. Without approaching the appropriate committee, straight away came to this Court by filing the present Writ Petition is not sustainable and prays for dismissal of this petition.

5. This Court has carefully considered the rival submissions and also perused the materials available on record.

6. As rightly pointed out by the learned Government Advocate, to increase green cover and protect native species and to regulate cutting and planting of trees in public lands and public offices, the State Government has constituted a 10 member State Green Committee, based on the directions of this Court and a Government Order to this effect was also issued on 02.07.2021. Therefore, the prayer sought for by the petitioner cannot be

granted in this Writ Petition and the petitioner is granted liberty to approach the State Green Committee and shall redress his grievance in accordance with law.

7. This writ petition is accordingly dismissed. No costs. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar sk To

1. The Tahsildar, Office of the Tahsildar Office, Gudalur Village, Maraimalai Nagar, Chengalpattu District 603 209.

2. The Revenue Inspector, Office of the Revenue Inspector, Kattankulathur, Chengalpattu District.

+1cc to Mr.J.Arul Prakasam, Advocate, S.R.No.62122 +1cc to the Government Pleader, S.R.No.62638 W.P.No.25469 of 2021 JPL[co] NSK 04/01/2022