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Madras High CourtWP(MD)/9072/2023dismissed

Nagarajan v. The District Collector

2023-04-19Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD) No.8219 of 2013 Nagarajan ... Petitioner -vs1.The District Collector Ramanathapuram District Ramanathapuram 2.The Superintendent of Police Ramanathapuram District 3.The District Forest Officer Ramanathapuram Forest Range Ramanathapuram 4.M/s.Green Infra Wind Energy Limited Having registered office at 5th floor, Tower C, Building No.8 DLF Cyber City, Gurugram 122 002 Haryana India rep.by its General Manager R.Shanmugarajeshwaran ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to prevent any person from in any manner cutting or removing the palm trees in Kadaladi Taluk and nearby villages based on the representation dated 27.01.2023 given by the petitioner.

For Petitioner :

Mr.V.Malaiyendran For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R3

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] The petitioner complains of cutting and removing palm trees in patta lands, which belong to private parties.

2. We do not think we can grant the prayer in a writ petition filed under Article 226 of the Constitution of India. Hence, leaving it open to the petitioner to approach the appropriate Authority or the Civil Court, this writ petition is dismissed. If any tree in the poramboke land is cut and removed, the Authority concerned shall take appropriate action. No costs. Consequently, connected miscellaneous petition is closed. [R.S.M., J.] [L.V.G., J.] 19.04.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Superintendent of Police, Ramanathapuram District.

3.The District Forest Officer, Ramanathapuram Forest Range, Ramanathapuram.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk and W.M.P.(MD) No.8219 of 2013 19.04.2023