P.Karuppusamy v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2025

CORAM

THE HONOURABLE MR. JUSTICE P.B. BALAJI Writ Petition No.37793 of 2025 P.Karuppusamy

...Petitioner

Vs.

1.The State of Tamil Nadu, Rep.by its Secretary, Public Works Department, Secretariat, Chennai.

2.The Assistant Executive Engineer, Public Works Department (PWD) Udumalaikkalvai Sub-division, Udumalaipettai - 642 126.

3.The Executive Engineer, Udumalaipettai.

(R3 - Suo Motu impleaded as 3rd respondent in W.P.No.37793/2025 dated 03.10.2025) ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd respondent to issue a No Objection Certificate (NOC) and grant necessary permission for the removal of Seemai Karuvel trees and shrubs at the petitioner's cost, and to permit the use of the pathway to access the petitioner's land, based on the 1/5

petitioner's representation dated 29.08.2025. For Petitioner : M/s.E.Yuvarani For Respondents : Mr.E.Sundaram Government Advocate

ORDER

The present writ petition has been filed seeking a writ of Mandamus, to direct the 2nd respondent to issue a No Objection Certificate (NOC) and grant necessary permission for the removal of Seemai Karuvel trees and shrubs at the petitioner's cost, and to permit the use of the pathway to access the petitioner's land, based on the petitioner's representation dated 29.08.2025.

2. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.

3. The learned Government Advocate appearing for the respondents states that the Executive Engineer is the appropriate authority, who has to pass orders regarding the request for the No Objection Certificate (NOC) sought for by the writ petitioner. 2/5

4. In view of the above, the Executive Engineer, Udumalaipettai, is suo motu impleaded as the third respondent in the present writ petition. The petitioner shall make a fresh representation, seeking the No Objection Certificate (NOC) to the third respondent within a period of two (2) weeks from the date of receipt of a copy of this order and the third respondent shall consider the same on merits and in accordance with law and dispose of the said request of the petitioner within a period of four(4) weeks thereafter.

5. In fine, the writ petition stands disposed of. However, there shall be no order as to costs.

03.10.2025 kak Note: Registry is directed to carry out the necessary amendments. To 1.The Secretary, State of Tamil Nadu, Public Works Department, Secretariat, Chennai.

2.The Assistant Executive Engineer, Public Works Department (PWD) Udumalaikkalvai Sub-division, 3/5

Udumalaipettai - 642 126.

3.The Executive Engineer, Udumalaipettai.

4/5

P.B. BALAJI , J kak W.P. No.37793 of 2025 03.10.2025 5/5