Periyasamy v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.11.2022
CORAM:
THE HON'BLE MR.T.RAJA, THE ACTING CHIEF JUSTICE and THE HON'BLE MR.JUSTICE R.MAHADEVAN Periyasamy ... Petitioner -vs1.The District Collector, Ramanathapuram District, Ramanathapuram.
2.The Superintendent of Police, Ramanathapuram District.
3.The District Forest Officer, Ramanathapuram Forest Range, Ramanathapuram.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to prevent any person from in any manner cutting or removing the palm trees in Kadaladi Takuk and nearby Villages on the basis of the petitioner's representation, dated 20.09.2022.
For Petitioner :
Mr.V.Malaiyendran For Respondents :
Mr.G.V.Vairam Santhosh Additional Government Pleader
O R D E R
[Order of the Court was made by The Hon'ble The ACTING CHIEF JUSTICE] Periyasamy, S/o.Sethuraman, who is a resident of R.Pudunagar Village, Kadaladi Taluk, has come before this Court for issuance of a Writ of Mandamus, directing the respondents to prevent any person from cutting or removing the palm trees in Kadaladi Taluk and the nearby Villages, on the basis of his representation dated 20.09.2022.
2. Mr.G.V.Vairam Santhosh, learned Additional Government Pleader, takes notice for the respondents. By consent of both the parties, the Writ Petition is taken up for final disposal at the time of admission itself.
3. Learned counsel appearing for the petitioner submitted that in the petitioner's village, there are 5,000 palm trees. Similarly in the nearby villages, viz., Sayalgudi, Vembar, Kannirajapuram, Narapayoor, Selvenur, Mariyur,
Kaavakulam, Adanjeri, Kamarajarpuram and Erwadi, there are large number of palm trees cultivated and grown up by the private persons. The villagers are also depending on the income derived from the said palm trees. The villagers are also able to manufacture herbal medicines like, Panakarkandu, Panavellam, Padhanir etc., through the said palm trees. While so, some anti-social elements had started to cut and remove all those trees secretly. When some of the lands, where also there are palm trees, are also belonging to the Government, action should be taken against all those persons, who are responsible for felling of those trees indiscriminately, otherwise, at one point of time, there will not be any palm trees in the petitioner's village and also the nearby villages.
4. At this juncture, learned Additional Government Pleader, taking notice for the respondents, on instructions, submitted that already on the representation given by the petitioner's villagers, the Revenue Tahsildar, Paramakudi, has sent a communication in Na.Ka.No.A4/9381/2022, dated 07.10.2022 to the District Collector, Ramanathapuram, stating that action has been initiated to nab all those anti-social elements, who are involving in the aforementioned felling of palm trees without obtaining any prior permission.
5. Therefore, placing on record the communication in Na.Ka.No.A4/9381/2022, dated 07.10.2022 and since action has already been initiated, nothing survives in this Writ Petition.
6. Accordingly, this Writ Petition is closed. No costs. [T.R., A.C.J.] [R.M.D., J.] 03.11.2022 Index : Yes / No Internet :Yes / No ps/vsm To:
1.The District Collector, Ramanathapuram District, Ramanathapuram.
2.The Superintendent of Police, Ramanathapuram District.
3.The District Forest Officer, Ramanathapuram Forest Range, Ramanathapuram.
THE HON'BLE THE ACTING CHIEF JUSTICE and R.MAHADEVAN , J.
ps/vsm 03.11.2022