Petitioner sought writ for committee formation to preserve trees. Court noted respondents formed State Green Committees with experts, thus disposal.
None; writ petition disposed of on merits as committees were formed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.04.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA AND THE HONOURABLE MR.JUSTICE S.SOUNTHAR
W.P.NO.11094 OF 2021 AND W.M.P.NO.11742 OF 2021
A.Radhakrishnan ... Petitioner
.Vs.
(R3 to R5 impleaded suo motu vide order dated 30.04.2021 in W.P.No.11094 of 2021)
PRAYER:-
Writ Petition filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Mandamus, directing the respondents to form a committee consisting of all the experts to preserve all the trees which are situated rural and urban area
of all over the State and more particularly all the trees which are not within the jurisdiction of forests area by considering petitioner's representation dated 16.07.2020.
For Petitioner : Mr.R.Marudhachalamurthy
For Respondents : Mr.M.R.Gokul Krishnan For Ms.Shanmugavalli Sekar Standing Counsel For TNPCB
ORDER
(Order of the Court was made by T.RAJA, J.)
Seeking a direction to the respondents to form a Committee consisting of all the experts to preserve all the trees which are situated in rural and urban areas all over the State and more particularly all the trees which are not within the jurisdiction of forest area by considering the petitioner's representation dated 16.07.2020, the present writ petition has been filed.
By order dated 30.04.2021, this Court noticing that there is no enactment like The Delhi Preservation of Trees Act, 1994, which is in force in New Delhi, to protect the Trees, wanted to know as to when a similar Act in Tamil Nadu would be passed to protect the Trees. Further, this Court is of the opinion that the Government has to form a Committee for cutting and removing trees in public lands and in the public offices.
whereas it is not found in the State Green Committee. Unless experts from Environment or Civil Society Groups are made as members, the purpose of formation of the Committee would not be completed. Experts opinion is necessary for any action to be taken in the Committee and therefore, inclusion of two Expert from Environment or Civil Society Groups in the State Green Committee is a must. In this regard, Mrs.R.Anitha, Learned State Government Counsel appearing for the Respondents have to obtain instructions as to when the Civil Society Groups or Environment Experts, who have got sufficient qualification, experience and knowledge in the field of Environment could be made as Members in the State Green Committee.
| 1. | Additional Chief Secretary/ Principal Secretary to Government,Environment, Climate Change & Forests Department |
Chairperson |
|---|---|---|
| 2. | Additional Chief Secretary/ Principal Secretary, Industries Department |
Member |
| 3. | Additional Chief Secretary/ Principal Secretary,Rural Development & Panchayat Raj Department |
Member |
| 4. | Additional Chief Secretary/ Principal Secretary,Municipal Administration and Water Supply Department |
Member |
| 5. | Additional Chief Secretary/ Principal Secretary, Revenue and Disaster Management Department |
Member |
| 6. | Additional Chief Secretary/ Principal Secretary, Tourism, Culture and Religious Endowments Department |
Member |
| 7. | Additional Chief Secretary/ Principal Secretary, Public Works Department |
Member |
Form part of the Committee and unless the Committee is headed by the Chief Secretary to Government, it is not possible to have a better co-ordination. Moreover, Agriculture Secretary, Home Secretary, Commissioner of Land Administration, Commissioner of Revenue Administration, Commissioner of Survey and Settlements, Engineer-in-Chief, Public Works Department have to be added as Members for better functioning of the Committee. In this regard also, Mrs. R.Anitha, Learned State Government Counsel seeks time to get instruction as to whether it is possible to get new G.O. or amended G.O.
Post the matter after two weeks.
Sd/-
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
mmi
To
+1cc to Mr.R.Marudhachalamurthy, Advocate, S.R.No.28955
W.P.NO.11094 OF 2021
EV(CO) PBS/13/05/2022
1 issue framed by the court
Whether the formation of State Green Committees with expert members satisfies the petitioner's prayer for tree preservation.
A. Radhakrishnan
The Chief Secretary to Government
The Secretary to Government, Environment and Forests Department
The Secretary to Government, Public Works Department
The Secretary to Government, Local Administration Department
The Director General of Police
T. Raja
S. Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
