J.Sakthivel v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2018

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD)No.15589 of 2018 J.Sakthivel ... Petitioner Vs.

1. The District Collector, Madurai District, Madurai.

2. The Block Development Officer, Thirumangalam Panchayat Union, Thirumangalam, Madurai District.

3. The Assistant Executive Engineer, Public Works Department (PWD) (Water Resources Organization), Thirumangalam, Thirumangalam Taluk, Madurai District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 08.03.2017 with regard to remove the Seemai Karuvelam Trees in S.No.104 with extend of 118.75 acres at Karisalpatti Kanmai, Thirumangalam Taluk, Madurai District.

For Petitioner : Mr.P.Subbaraj For Respondents : Mr.A.K.Baskarapandian Additional Government Pleader

O R D E R

[Order of the Court was made by M.M.SUNDRESH,J.] This petition has been filed by the writ petitioner for the issuance of Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 08.03.2017 with regard to remove the Seemai Karuvelam Trees in S.No.104 with extent of 118.75 acres at Karisalpatti Kanmai, Thirumangalam Taluk, Madurai District. 2.Heard Mr.P.Subbaraj, learned counsel appearing for the petitioner and Mr.A.K.Baskarapandian, learned Additional Government Pleader appearing for the respondents.

https://hcservices.ecourts.gov.in/hcservices/ 3.The fact that the area in question is a water body and it is not disputed. Therefore, removing of Seemai Karuvelam Trees by the

Forest Department, would be accepted. Further, the Division Bench of this Court had already issued an order to remove such kind of Trees in the water bodies.

4.In such view of the matter, we direct the District Forest Officer, Madurai District, to take appropriate steps to remove Seemai Karuvelam Trees and other standing Trees situated in Karisalpatti Kanmai, Thirumangalam Taluk, Madurai District. Such exercise shall be done within a period of six weeks from the date of receipt of a copy of this order.

5.The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(crl side) /True Copy/ Sub Assistant Registrar(CS-I) To

1. The District Collector, Office of the District Collector, Madurai District, Madurai.

2. The Block Development Officer, Thirumangalam Panchayat Union, Thirumangalam, Madurai District.

3. The Assistant Executive Engineer, Public Works Department (PWD) (Water Resources Organization), Thirumangalam, Thirumangalam Taluk, Madurai District.

4. The District Forest Officer, Madurai District, Madurai.

+1cc to Mr.P.Subbaraj, Advocate Sr.No.93031 +1cc to Spl.Government Pleader Sr.No.93362 NS VB/SV/SAR1/13.12.2018/2P/7C W.P.(MD)No.15589 of 2018 30.10.2018 https://hcservices.ecourts.gov.in/hcservices/