Madras High CourtWP(MD)/29732/2023

Nadarajan v. The Tahsildar

2023-12-14Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.29732 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.29732 of 2023 Nadarajan ... Petitioner Vs.

1. The Tahsildar, Tahsildar Office, Nagercoil, Kanyakumari District.

2. The Village Administrative Officer, Neendakarai A West, Kanyakumari District.

3. C.Arulraj ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 17.10.2023 and to cut and remove the branches of the trees and veins belongs to the 3rd respondent endangering the life and damaging the house belongs to the petitioner in Door No.145, Tharavilai, Pazavilai Post, Kanyakumari District. For Petitioner : Mr.G.Cenil For R-1 & R-2 : Mr.M.Prakash, Additional Government Pleader.

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2 W.P.(MD)NO.29732 OF 2023

O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for the respondents 1 and 2.

2. The petitioner wants enforcement of the order dated 29.05.2023 passed by the Revenue Divisional Officer, Nagercoil.

3. A copy of the same shall be served on the third respondent. If within two weeks from the date of receipt of a copy of this order, the third respondent is unable to obtain interim stay of the said order, the same will have to be enforced by the respondents 1 and 2. In any event, the question of cutting and removing the trees will not arise and what will have to be cut and removed are the branches overhanging the petitioner's property. In fact the third respondent cannot have any objection over the same. If the third respondent does not do it on his own, arrangements will be made by the respondents 1 and 2 and the expenses will be 2/4

3 W.P.(MD)NO.29732 OF 2023 collected from the third respondent. This writ petition stands allowed on these terms. No costs.

14.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

1. The Tahsildar, Tahsildar Office, Nagercoil, Kanyakumari District.

2. The Village Administrative Officer, Neendakarai A West, Kanyakumari District.

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4 W.P.(MD)NO.29732 OF 2023 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.29732 of 2023 14.12.2023 4/4