A.Jenin v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2023

CORAM:

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI A.Jenin ... Petitioner -vs1.The District Collector Nagercoil Kanyakumari District 2.The Executive Officer Palapallam Town Panchayat Kanyakumari District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to cut and remove the standing tree in the middle portion of the concrete road in Paduvoor Melavillai to Paduvoor, Palapallam Post, Kanyakumari District. For Petitioner :

Mr.N.S.Ramakrishna Dass For Respondents :

Mr.P.Thilakkumar Government Pleader

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] We have heard Mr.N.S.Ramakrishna Dass, learned counsel for the petitioner and Mr.P.Thilakkumar, learned Government Pleader, for the respondents.

2. Learned counsel for the petitioner submits that the tree is on the middle of the road, thereby causing hindrance to the traffic and the pedestrians. The road is a concrete road. The respondents may direct to cut and remove the said standing tree.

3. Upon question about the age of the tree, learned counsel for the petitioner submits that the age of the tree is about 10 to 12 years.

4. Efforts are made to conserve the trees, but here the petitioner is seeking directions for cutting the tree.

5. Be that as it may, the management of the traffic and other aspects is the duty of the authority concerned. The petitioner may approach the authority concerned. The authority concerned may consider the application on its own merits. Of course, it will have to consider whether the permission of the other authorities is required.

6. The writ petition, accordingly, stands disposed of. No costs. [S.V.G., .C.J.] [L.V.G., J.] 30.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Nagercoil, Kanyakumari District.

2.The Executive Officer, Palapallam Town Panchayat, Kanyakumari District.

THE HONOURABLE CHIEF JUSTICE and L.VICTORIA GOWRI , J.

krk 30.11.2023