Tmt.Jayamala v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.11.2025

CORAM

THE HON'BLE Mr. JUSTICE V.LAKSHMINARAYANAN Tmt.Jayamala

...Petitioner

Vs.

1.The Commissioner, Tambaram Corporation, West Tambram, Chennai 45.

...Respondent

Prayer : This writ petition has been filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the Respondent to consider and dispose of the representation dated 21.09.2025 with regard to the remove (cut down) of the tree in front of my house Plot No.3 & 4 Church Street, Annai Indira Nagar, West Tambaram. For Petitioner(s) : Mr.G.Punniakoti For Respondent(s): Mr.P.Srinivas 1 /4

O R D E R

The petitioner seeks a Mandamus directing the Commissioner, Municipality, to remove a tree which is adjacent to her gate. The petitioner states that on account of the existence of the tree, her compound wall has been affected.

2. Under Section 136(2) of the Tamil Nadu Urban Local Bodies Act, the Commissioner has the power to remove a tree, only if such tree is in a ruinous or dangerous condition. When the tree is growing in a vibrant manner, the Municipal Commissioner cannot direct its removal. Perhaps, he does so, he could invite trouble under the Environmental Laws. Since Section 136 of the Local Bodies Act is not attracted, I am not in a position to grant relief to the petitioner. 3.

The Writ Petition is dismissed. However, there shall be no order as to costs. 20.11.2025 Index : Yes/No Internet: Yest/No Speaking or Non-speaking order kak 2 /4

To 1.The Commissioner, Tambaram Corporation, West Tambram, Chennai 45.

3 /4

V.LAKSHMINARAYANAN, J.

kak Dated : 20.11.2025 4/4