Madras High CourtWP(MD)/20608/2014disposed of

K. Valli, v. The District Collector

2021-04-27Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD)No.20608 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.20608 of 2014 (Through Video Conference) K.Valli ... Petitioner Vs.

1.The District Collector, Pudukkottai District, Pudukkottai.

2. The Tahsildhar, Thirumayam Taluk, Pudukkottai District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents herein to consider the representation of the petitioner dated 23.08.2013 and grant permission to cut and remove the Eucalyptus trees standing in Survey No.274 of K.Royapuram Village, Thirumayam Taluk, Pudukkottai District within the time stipulated by this Court.

For Petitioner : Mr.D.Sadiq Raja For Respondents : Mr.K.P.Narayanakumar, Special Government Pleader

O R D E R

This Writ Petition has been filed for the issue of Writ of Mandamus directing the respondents to consider the representation made by the petitioner on 23.08.2013 wherein the petitioner has sought for the permission of the respondents to cut and remove the Eucalyptus trees standing in the subject property.

2. The case of the petitioner is that the subject property has been classified as 'Government Punjai Tharisu Kadu' and the petitioner is in possession and enjoyment of the property for several years. According to the petitioner, she and her family members have planted several Eucalyptus trees and even on earlier occasions, they were permitted to cut and remove the trees. 3.The petitioner made a representation to the respondents on 23.08.2013 seeking for permission to cut and remove the Eucalyptus trees from the subject property. Since the same was not considered, the present Writ Petition has been filed before this Court seeking for appropriate directions.

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W.P.(MD)No.20608 of 2014

4. Heard Mr.D.Sadiq Raja, learned counsel for the petitioner and Mr.K.P.Narayanakumar, learned Special Government Pleader appearing for the respondents.

5. Taking into consideration the facts and circumstances of the case and without going into the merits of the case, there shall be a direction to the first respondent to consider the representation made by the petitioner on 23.08.2013 and take a decision strictly in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

6. The petitioner is directed to make a fresh representation to the first respondent along with all the relevant documents and also a copy of this order.

7. This Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (ADII) // True Copy // / /2021 Sub Assistant Registrar(CS) NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The District Collector, Pudukkottai District, Pudukkottai.

2. The Tahsildhar, Thirumayam Taluk, Pudukkottai District.

+1 CC to M/s.D.SADIQ RAJA, Advocate ( SR-17782[F] dated 28/04/2021 ) +1 CC to M/s.SPL GP ( SR-17964[F] dated 28/04/2021 ) W.P.(MD)No.20608 of 2014 27.04.2021 KB(16.06.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2