Rasu .M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :28.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.7878 of 2024 M.Rasu ... Petitioner Vs.

1 The District Collector, Tenkasi District, Tenkasi.

2 The Tahsildar, Veerakeralampudur Taluk, Tenkasi District.

3 Thangadurai 4 Murugan ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 and 2 to take immediate action against the respondents 3 and 4 for their illegal and unauthorized felling of the ancient Peepal Tree (Bodhi Satva Tree / Arasamaram) attached to the Vinayagar Temple premises and to recover the value of the felled tree estimated at Rs.7,20,000/- from the respondents 3 and 4 and to initiate appropriate legal proceedings

against them for misappropriation of public property and violation of statutory provisions by considering the petitioner's representation dated 26.02.2024 within a stipulated time that may be fixed by this Court.

For Petitioner :Ms.P.Kalaiyarasi Bharathi For R-1 & R-2 :Mr.P.Thilak Kumar, Government Pleader

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] The petitioner has filed this writ petition seeking for issuance of a Writ of Mandamus, directing the respondents 1 and 2, to take immediate action against the respondents 3 and 4, for their illegal and unauthorized felling of the ancient Peepal Tree (Bodhi Satva Tree / Arasamaram) attached to the Vinayagar Temple premises and to recover the value of the felled tree estimated at Rs.7,20,000/- from the respondents 3 and 4 and to initiate appropriate legal proceedings against them for misappropriation of public property and violation of statutory provisions by considering the petitioner's representation dated 26.02.2024 within a stipulated period.

2. According to the petitioner, on 26.02.2024, the petitioner has made a representation to the authorities requesting to take action against the respondents 3 and 4 for cutting of peepal tree in the petition mentioned place without any permission. Since no action has been taken by the authorities, the petitioner has filed this writ petition with the aforesaid prayer.

3. In view of the above, without going into the merits of the case, we direct the second respondent, to consider the petitioner's representation, dated 26.02.2024, and pass appropriate orders, on merit and in accordance with law, after providing opportunity to the petitioner as well as the respondents 3 and 4. Such exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

4. With the above direction, this writ petition stands disposed of. No Costs.

[D.K.K., J.] [R.V., J.] 28.03.2024 Index :

Yes / No PM

To:

1 The District Collector, Tenkasi District, Tenkasi.

2 The Tahsildar, Veerakeralampudur Taluk, Tenkasi District.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

PM W.P.(MD)No.7878 of 2024 28.03.2024