Kamaraj N v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY N.Kamaraj ... Petitioner Vs.
1. The District Collector, Thanjavour Collectorate Office, Thanjavour.
2. The Revenue Divisional Officer, Kumbakonam Taluk, Kumbakonam.
3. The Tahsildar, Kumbakonam Taluk, Kumbakonam.
4. The Jamapanthi Officer, Kumbakonam Taluk, Kumbakonam.
5. The Inspector of Police, East Police Sation, Kumbakonam.
6. C.Srinivasa Pather
...Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the second respondent herein to pass appropriate order for the removal of coconut trees and thereby, to direct the fifth respondent to execute the order by removing the coconut trees placed over the sixth respondent's property based on the petitioner's 1/5
representation, dated 21.06.2024 and 22.11.2024 and to execute the same within a time frame fixed by this Court.
For Petitioner : M/s.SM.Mathivadhani For R1 to R4 : Mr.K.S.Selva Ganesan Additional Government Pleader For R5 : Mrs.M.Aasha Government Advocate (Criminal side) *****
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the second respondent herein to pass appropriate order for the removal of coconut trees and thereby, to direct the fifth respondent to execute the order by removing the coconut trees placed over the sixth respondent's property based on the petitioner's representation, dated 21.06.2024 and 22.11.2024 and to execute the same within a time frame fixed by this Court. 2.The contention of the petitioner is that the petitioner's house is situated behind the pathway. The 6th respondent's trees are standing in the 6th respondent's place. However, the trees are disturbing the petitioner's pathway, since the roots are running and dangerous snakes are coming into the petitioner's premises.
3.The learned Additional Government Pleader and the learned Government Advocate appearing for the respondents submitted that On enquiry, it 2/5
is seen that there is no disturbance based on the existing trees. 3.This Court is of the considered opinion that if the petitioner is intended to develop his property, he is at liberty to do so by erecting proper concrete buildings. The respondents cannot be directed to fell the tree. If there is any damage to the petitioner's property, he is at liberty to workout his remedy as per law.
4.With the above observations, this Writ Petition is dismissed. There shall be no order as to costs.
18.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg 3/5
To:
1. The District Collector, Thanjavour Collectorate Office, Thanjavour.
2. The Revenue Divisional Officer, Kumbakonam Taluk, Kumbakonam.
3. The Tahsildar, Kumbakonam Taluk, Kumbakonam.
4. The Jamapanthi Officer, Kumbakonam Taluk, Kumbakonam.
5. The Inspector of Police, East Police Sation, Kumbakonam.
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S.SRIMATHY , J.
Tmg ORDER MADE IN DATED : 18.07.2025 5/5