Madras High CourtWP(MD)/6763/2017dismissed

M.Velraj, S/O. Late Muniyasamy v. The District Collector

2017-04-13Honourable Mr Justice N. Authinathan,Honourable Mr Justice A. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.6763 of 2017 and W.M.P(MD)No.5335 of 2017 M.Velraj .. Petitioner Vs.

1. The District Collector, Office of the Collectorate, Tuticorin District.

2. The Tahsildar, Ettayapuram, Tuticorin District.

3. The Junior Engineer, Public Works Department, Vaipparu Water Course, Pudur Nagalapuram, Tuticorin District.

4. The Range Officer, Forest Department, Vilathikulam, Tuticorin District.

5. The Inspector of Police, Masarpatti Police Station, Ettayapuram Taluk, Tuticorin District.

6. K.Jeyaraj .. 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 respondents 1 to 4 to grant permission to remove the Seemai Karuvelam Trees spread over in the Vaippar river in extent of 170 acres out of which 360 acres which is situated at Ayan Rasapatti Ettyapuram Taluk, Tuticorin District in the light of the proceedings of the fourth respondent dated 14.02.2017 and to consider the representation of the petitioner dated 03.04.2017. For Petitioner : Mr.A.P.Muthu Pandian For RR 1 to 5 : Mr.M.Govindan, Special Government Pleader.

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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 1 to 4 to grant permission to remove Seemaikaruvelam trees in Vaippar river, Ayan Rasapatti Ettyapuram Taluk, Tuticorin District, by way of issuing a Writ of Mandamus.

2.It is a well known fact that in W.P(MD)No.16485 of 2015, this Court has directed all the District Collectors in Tamil Nadu to remove Seemakaruvelam trees and in pursuance of the order of this Court, process of removing is going on everywhere. Under the said circumstances, this Writ Petition is totally unwarranted and therefore the same is liable to be dismissed. 3.In fine, this writ petition is dismissed without costs. Consequently, connected Miscellaneous Petition is dismissed. Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To