N.R.Shanmugam v. The District Colletor

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)Nos.1 & 2 of 2015 N.R.Shanmugam ... Petitioner Vs.

1.The District Collector, Pudukkottai, 2.The Superintendent of Police, Pudukkottai, 3.The Assistant Director of Panchayats, O/o. the Assistant Director of Panchayats, Collectorate campus, 4.The Revenue Divisional Officer, 5.The Tahsildar, Alangudi, Alangudi Taluk, 1/6

6.The Block Development Officer, Thiruvarankulam Panchayat Union, Thiruvarankulam, Alangudi Taluk, 7.The President, Senthakudi Panchayat, Alangudi Taluk, 8.R.Kannan 9.S.Tamil Selvan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 7th respondent to conduct auction for cutting of trees in bunds of tanks in Sendhakudi panchayat, Aalngudi Taluk, Pudukkottai District in accordance with prescribed Rules and further directing respondents 1 to 6 to take necessary penal/recovery action against persons who are responsible for illicit cutting of trees in tanks of Sendhakudi Panchayat, Alangudi Taluk, Pudukkottai District.

For Petitioner : Mr.R.Balakrishnan for Mr.K.N.Govardhanan For R1 - R7 : Mr.A.Baskaran Additional Government Pleader For R8 & R9 : No Appearance 2/6

ORDER

The present writ petition has been filed seeking a mandamus, directing the 7th respondent Panchayat to conduct auction for cutting of trees in bunds of tanks in Sendhakudi Panchayat, Alangudi Taluk, Pudukkottai District in accordance with the prescribed Rules.

2. The learned Additional Government Pleader appearing for the Panchayat brought to the notice of the Court that on 07.05.2015, public auction notice was issued for conducting an auction on 22.05.2015 and the auction has been conducted on the said date and hence, nothing survives in the writ petition for adjudication.

3. The learned counsel appearing for the petitioner has contended that without following statutory Rules, the respondent authorities are granting permission to cut and remove the trees. Hence, he contended that the authorities may be directed to strictly follow the statutory provisions.

4. In future, if the respondents are intending to grant any order for 3/6

cutting of the trees in the properties belonging to the Panchayat, they are directed to strictly comply with the Tamil Nadu Panchayats (Determination of claim to trees growing on public roads or other property vesting in or belonging to Village Panchayats) Rules, 2001.

5. With the above said observations, this Writ Petition stands closed. No costs. Consequently, connected Miscellaneous Petitions are also closed.

01.12.2022 Index :

Yes / No Internet :

Yes / No gbg To 1.The District Collector, Pudukkottai, 2.The Superintendent of Police, Pudukkottai, 3.The Assistant Director of Panchayats, O/o. the Assistant Director of Panchayats, Collectorate campus, 4/6

4.The Revenue Divisional Officer, 5.The Tahsildar, Alangudi, Alangudi Taluk, 6.The Block Development Officer, Thiruvarankulam Panchayat Union, Thiruvarankulam, Alangudi Taluk, 7.The President, Senthakudi Panchayat, Alangudi Taluk, 5/6

R.

VIJAYAKUMAR ,J.

gbg Order made in Dated:

01.12.2022 6/6