K.Jayaprakash v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.08.2024 CORAM :

THE HON'BLE MR. D.KRISHNAKUMAR, ACTING CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE K. KUMARESH BABU K.Jayaprakash ... Petitioner Vs.

1. The District Collector, Cuddalore District, Cuddalore.

2. The Joint Director, Cooperative Society, Cuddallore.

3. The Revenue Divisional Officer, Cuddalore, Cuddalore District.

4. The Tahsildar, panruti Taluk, Panruti, Cuddallore District.

5. The Secretary, E2646, Maligaimedu Primary Agricultural Co-operative Society Limited, Maligaimedu & Post, Panruti Taluk, Cuddallore District.

6. Murali, Manager, E2646, Maligaimedu Primary Agricultural Co-operative Society Limited, Maligaimedu & Post, Panruti Taluk, Cuddallore District.

... Respondents

PRAYER : Writ Petition filed under Article 226 of Constitution of India seeking to issue Writ of Mandamus, directing the respondents 1 to 4 to take appropriate action against the respondents 5 and 6 for illegally cut down the trees at the 5th respondent's office, based on the representation of the petitioner dated 16.10.2019.

For Petitioner : Ms.M.Janani For Respondents : Mr.Karthik Jagannath, Government Advocate for respondents 1 to 4

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) This writ petition has been filed to direct the respondents 1 to 4 to take appropriate action against the respondents 5 and 6, for the illegal cutting of tress at the office of the fifth respondent, based on the petitioner's representation dated 16.10.2019.

2. According to the petitioner, the sixth respondent, who is working as Manager in the fifth respondent's office, has misused his power with the support of the local political parties and without any permission, he cut the trees in the office and sold the same illegally for his own purpose. In this

regard, the petitioner has made a representation dated 16.10.2019 to the authorities concerned, which was not responded by them. Hence this writ petition has been filed.

3. The learned Government Advocate, on instructions, submitted that, as the Pungai tree affected the wall of the godown and the compound wall of the office, as a preventive measure and to safeguard the godown, the said tree was removed, after the resolution passed by the Committee of the fifth respondent, dated 9.10.2019. To that effect, a report submitted by the Deputy Registrar, Kadalur, under RTI Act, dated 24.08.2021 is placed before this court.

4. Considering the facts and circumstances of the case and also taking into account the submission made by the learned Government Advocate, we are of the view that the allegations made by the writ petitioner are not correct and hence, the writ petition is liable to be dismissed as it has no merits.

5. Accordingly, this writ petition is dismissed. No costs. (D.K.K., A.CJ.) (K.B.J.) Internet: Yes/No 02.08.2024 Index : Yes/No mst To

1. The District Collector, Cuddalore District, Cuddalore.

2. The Joint Director, Cooperative Society, Cuddallore.

3. The Revenue Divisional Officer, Cuddalore, Cuddalore District.

4. The Tahsildar, panruti Taluk, Panruti, Cuddallore District.

THE HON'BLE ACTING CHIEF JUSTICE and K. KUMARESH BABU , J.

mst 02.08.2024