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Madras High CourtWP/30791/2024dismissed

Mahalingam v. The District Collector

2024-10-24Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.10.2024

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY MAHALINGAM : Petitioner Vs 1.THE DISTRICT COLLECTOR DISTRICT COLLECTOR OFFICE NAMAKKAL 2.THE TAHSILDAR TAHSILDAR OFFICE SENTHAMANGALAM, NAMAKKAL : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1 st respondent to consider the objections sent for mowing down of the trees and destruction of the naturally available water sources ponds and channels and thereby causing threat to the animals birds and other natural habitats in the forest lands based on the representation dated 30.08.2024 and consequently direct the

respondents herein to shift the proposed godown for the Tamil Nadu Civil Supplies Corporation in accordance with law.

For Petitioner :

Mr.J.Hariharan For Respondents :

Mr.A.Edwin Prabhakar, State Government Pleader assisted by Mr.K.Karthik Jagannath, Government Advocate

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Mr.Prabhakar appearing for respondents states that the work, which petitioner says he is aggrieved with, started almost 11⁄2 years ago. Before commencing work, even public objections were called for. Mr.Prabhakar places on record instructions dated 23.10.2024 received by him, and suggests affidavit shall be filed by respondents and copy served within four weeks.

2. Counsel for petitioner agrees that the work started long ago and

the representation was made only on or about 30.08.2024.

3. Therefore, we dismiss the petition. At the same time, respondents shall ensure that new saplings are planted at the appropriate time to restore green cover that was in force earlier and that ecological balance is not disturbed.

(K.R.SHRIRAM, CJ.) (SENTHILKUMAR RAMAMOORTHY, J.) 24.10.2024 Index : Yes/No : Yes/No tar To 1.THE DISTRICT COLLECTOR DISTRICT COLLECTOR OFFICE NAMAKKAL 2.THE TAHSILDAR TAHSILDAR OFFICE SENTHAMANGALAM, NAMAKKAL

THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY , J.

(tar) 24.10.2024