Kalyanasundaram C v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mrs. JUSTICE R.HEMALATHA C.Kalyanasundaram : Petitioner Vs.

1.The District Collector 2.The District Revenue Officer, 3.The Revenue Divisional Officer, Sivagangai, 4.The Divisional Engineer, Public Works Department 5.The District Forest Officer, District Forest Office, Sivagangai District, 6.The Block Development Officer, Keelapoongudi Panchayat 7.The President Sonaipatti Panchayat Keelapoongudi Post, 8.S.Sethu : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents 1 to 7 to take action against the 8th respondent for the cutting trees illegally in and around Thandoorani Kanmoi at Sonaipatti Village, Keelapoongudi Post, Sivagangai District based on the petitioner's representation dated 18.05.2022. 1/3

For Petitioner : Mr.K.Mariyappan For Respondents : Mr.P.Thilak Kumar for R1 to R7 Government Pleader

ORDER

(Order of the Court was made by P.N.PRAKASH, J.) Alleging that respondent No.8 has felled some trees without permission, the petitioner gave a representation and thereafter filed the present writ petition for a direction to the respondents 1 to 7 to take action against the 8th respondent. 2.Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents 1 to 7. 3.The learned Government Pleader submitted that Meenambiga, wife of Pandi, had given a representation as early as on 13.09.2021 stating that the branches of a huge Banyan tree is encroaching into her patta lands and therefore, they should have to be removed. Based on the representation, an inspection was conducted by the Village Administrative Officer and Revenue Inspector and thereafter due permission was granted to her for felling the branches of the said trees. In such view of the matter, in our opinion, this is indeed a vexatious public interest litigation and hence, the same is dismissed. No costs.

Sd/- Assistant Registrar(CO) // True Copy // / /2022 Sub Assistant Registrar(CS) RR To 1.The District Collector 2.The District Revenue Officer, 3.The Revenue Divisional Officer, Sivagangai, 2/3

4.The Divisional Engineer, Public Works Department 5.The District Forest Officer, District Forest Office, Sivagangai District, 6.The Block Development Officer, Keelapoongudi Panchayat 7.The President Sonaipatti Panchayat Keelapoongudi Post, +1 CC to M/s.SPL.GP ( SR-27090[F] dated 21/06/2022 ) 20.06.2022 CK(CO) KB(30.06.2022) 3P 9C 3/3