Madras High CourtWP(MD)/25553/2024disposed of

N.Arun Prasath v. The Revenue Divisional Officer

2024-10-25Honourable Mr Justice Abdul Quddhose4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE N.Arun Prasath ... Petitioner /Vs./ 1.The Revenue Divisional Officer, Madurai.

2.M.Ramathilagam ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent No.1 to take appropriate action under Section 152 of BNSS, 2023 to cut the Seemai Karuvelam Trees overhanging over the petitioner's house, clean the vacant land of the petitioner, which is posing as a danger for the neighbours considering the petitioner's representation dated 08.08.2024 within the time stipulated by this Court.

1/4

For Petitioner : Mr.A.S.Abul Kalaam Azad For Respondents : Mr.D.Sadiq Raja (R1) Additional Government Pleader

ORDER

This writ petition has been filed for a mandamus, seeking for a direction to the first respondent to take appropriate action against the second respondent, under Section 152 of BNSS, 2023 to cut the Seemai Karuvelam Trees hanging over the petitioner's house, based on the petitioner's representation dated 08.08.2024.

2. Heard Mr.A.S.Abul Kalaam Azad, learned counsel appearing for the petitioner, and Mr.D.Sadiq Raja, learned Additional Government Pleader appearing for the first respondent. Since no adverse order is going to be passed against the second respondent, notice to the second respondent is dispensed with.

3. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

2/4

4. It is now brought to the notice of this Court by the learned Additional Government Pleader appearing for the first respondent that the representation of the petitioner dated 08.08.2024 referred to supra has already been considered and a final order has also been passed by the first respondent, in which the petitioner's representation has been rejected. In view of the same, the petitioner will have to necessarily challenge the final order dated 23.10.2024 passed by the first respondent, in the manner known to the petitioner under law.

5. Accordingly, this writ petition is disposed of by granting liberty to the petitioner to challenge the final order dated 22.10.2024 passed by the first respondent in the manner known to the petitioner under law. No costs.

25.10.2024 Index : Yes / No NCC : Yes / No sm 3/4

ABDUL QUDDHOSE, J.

Sm TO:- 1.The Revenue Divisional Officer, Madurai.

Order made in Dated:

25.10.2024 4/4