S.Boomidasan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No.1434 of 2017 Boomidasan .. Petitioner Vs.

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

2.The Tahsildar, Paramakudi Taluk Office, Paramakudi.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to grant permission to the petitioner to cut and remove the Seemai Karuvelam Trees, thorny bushes etc. in the interest of public, standing in the water bodies in S.Nos.1/1, 5/1, 7/1A, 18, 35/2, 41, 43, 44, 45/2, 47, 48, 50, 50/1, 55, 56, 57,58/1, 59, 68, 69, 113, 114, 115 and 116 of Vathavaneri Revenue Village, Paramakudi Taluk, Ramanathapuram District, by considering the representation of the petitioner dated 29.12.2016 within the time frame as fixed by this Court. For Petitioner : Mr.A.Kannan For Respondents : Mr.M.Govindan, Special Government Pleader.

ORDER

[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents to remove Seemakaruvelam Trees which are in existence in water bodies comprised in Survey Nos.1/1, 5/1, 7/1A, 18, 35/2, 41, 43, 44, 45/2, 47, 48, 50, 50/1, 55, 56, 57,58/1, 59, 68, 69, 113, 114, 115 and 116 of Vathavaneri Revenue Village, Paramakudi Taluk, Ramanathapuram District, on the basis of representation dated 29.12.2016, by way of issuing a writ of mandamus. https://hcservices.ecourts.gov.in/hcservices/

2.Mr.M.Govindan, learned Special Government Pleader, has taken notice for the respondents.

3.The learned counsel appearing for the petitioner has contended to the effect that the representation dated 29.12.2016 has not been considered by the respondents and under the said circumstances the present writ petition has been filed for getting the relief sought therein.

4.The learned Special Government Pleader appearing for the respondents has also equally contended that for identical relief, this Court has passed appropriate orders in W.P(MD)No.16485 of 2015 in respect of thirteen southern districts. 5.Considering the aforesaid factual circumstances, the present writ petition is totally unwarranted and therefore the same is liable to be dismissed.

6.In fine, this writ petition is dismissed. No costs. Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar smn To 1.The District Collector, Office of the District Collector, Ramanathapuram.

2.The Tahsildar, Paramakudi Taluk Office, Paramakudi.

+1CC to Mr.A.Kannan, Advocate Sr.No.5089 Gjm/CM/MSA/7.2.17-2p-4C ORDER MADE IN W.P(MD)No.1434 of 2017 31.01.2017 https://hcservices.ecourts.gov.in/hcservices/