Raman v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY Raman ... Petitioner vs.

1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Melur, Madurai District.

3.The Tahsildar, Madurai East, Madurai District.

4.The Village Administrative Officer, Kalikappan 1st Bit Village, Madurai District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 24.04.2025 and grant permission to 1/5

remove the tamarind tree standing in Government poramboke land nearby the petitioner's property in Survey No.85/69B Kalikappan 1st Bit Village, Madurai North, Madurai District within the time frame to be fixed by this Court. For Petitioner : Mr.J.Anand Kumar for Mr.S.Vishnuvardhan For Respondents : Mr.P.Thilak Kumar Government Pleader

ORDER

(Order of the Court was made by S.SRIMATHY, J.) The present Writ Petition has been filed seeking a direction to the respondents to consider the petitioner's representation dated 24.04.2025 and grant permission to remove the tamarind tree standing in Government poramboke land nearby the petitioner's property in Survey No.85/69B Kalikappan 1st Bit Village, Madurai North, Madurai District within the time frame to be fixed by this Court.

2. Heard Mr.J.Anand Kumar, learned counsel for the petitioner and Mr.P.Thilak Kumar, learned Government Pleader for the respondents. The materials placed before this Court were also perused. 2/5

3.The petitioner seeks the removal of a tamarind tree standing near his house. The tree is located on Government land. The petitioner apprehends that the roots of the tree may cause damage to his house. Hence, he requests that the tree be removed.

4.In view of the above, the third respondent is directed to consider and grant permission if permissible under law, after affording an opportunity of hearing to the petitioner and other affected parties, in accordance with the Tamil Nadu Panchayats (Determination of claim to trees growing on public roads or other property vesting in or belonging to Village Panchayats) Rules, 2001, as expeditiously as possible.

5.With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

[J.N.B.,J.] & [S.S.Y.,J.] 29.04.2025 NCC : Yes / No Index : Yes / No ps 3/5

To 1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Melur, Madurai District.

3.The Tahsildar, Madurai East, Madurai District.

4.The Village Administrative Officer, Kalikappan 1st Bit Village, Madurai District.

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J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 29.04.2025 5/5