Subbaiah. S v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.09.2024 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and W.M.P(MD).No.17639 of 2024 S.Subbaiah ... Petitioner Vs.

1.State of Tamil Nadu, Rep., by its Secretary, Rural Development Department, Fort St. George, Chennai 600 009.

2.State of Tamil Nadu, Rep., by its Secretary, Water Resource Department, Fort St.George, Chennai 600 009.

3.The District Collector, Office of the District Collector, Collectorate, Tenkasi 627 811.

4.The Superintendent of Police, Office of the Superintendent of Police, Tenkasi District, Tenkasi 627 811.

5.The Tahsildar, Kadaianallur Taluk, Thirumangalam Road, Maharaja Nagar, Tenkasi 627 751.

1/5

6.The Revenue Inspector, Office of the Revenue Inspector, Melakadaianallur Office Quarters, Kadaianallur, Tenkasi 627 751.

7.The Village Officer, Senthamangalam Village, Senthamangalam Revenue Circle, Tenkasi 627 857.

8.The Sub Inspector of Police, Senthamangalam Police Station, Tenkasi 627 857.

9.The Panchayat President, Office of the Panchayat President, Thirumalpuram Village, Tenkasi District.

10.Kuttiraj 11.Manikandapprabhu ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records connected with the impugned proceedings in KNRTLK/594/2024-A4 dated 10.07.2024 on the file of the fifth respondent and quash the same as illegal, consequently direct the fifth respondent to take appropriate action under the Tamil Nadu Panchayats (Action against illicit cutting of Tree) Rules, 2001 against the respondents 10 and 11 on the basis of the petitioner's complaint dated 08.06.2024 in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.R.Alagumani 2/5

For Respondents : Mr.D.Gandhiraj (for R1 to R3, R5 to R7) Special Government Pleader Mr.M.Vaikkam Karunanithi (for R4 & R8) Government Advocate (Crl.side) Mr.R.Ragavendran (for R9) Government Advocate

ORDER

Challenge has been made against the impugned proceeding of the fifth respondent dismissing the complaint given by the petitioner.

2. The petitioner has given a complaint before the fifth respondent stating that the respondents 10 and 11 have cut the trees belongs to the Panchayat without any valid permission. However, no action has been taken so far, whereas the fifth respondent sent a communication to the petitioner dated 10.07.2024, wherein it is stated that due to enmity, the petitioner has given a complaint against one Palaniandi, who is no way connected with the illegal cutting of trees. According to the petitioner, the fifth respondent without following due process of law, dismissed his complaint. Aggrieved by the same, the petitioner is before this Court.

3/5

3. The learned Government Advocate, on instructions, would submit that after conducting enquiry, it is found that two neem tress have been cut by one Palaniandi. After measuring the trees, fine has been imposed on the said Palaniandi, as Rs.5015/- (Rupees Five Thousand and Fifteen only).

4. At the outset, since action has already been taken as against one Palaniandi and fine has also been imposed, no further action is required. Accordingly, the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

13.09.2024 NCC : Yes / No Index : Yes / No Rmk To 1.The Regional Officer, State Bank of India, Madurai.

2.The Branch Manager, Oomatchikulam Branch, State Bank of India, Madurai.

4/5

N.SATHISH KUMAR, J Rmk 13.09.2024 5/5