Petitioner filed a writ petition under Article 226 seeking a mandamus to cut and remove a tree obstructing a concrete road. The court directed the petitioner to approach the concerned authorities to seek permission for the removal.
Petitioner directed to approach the concerned authority for removal of the standing tree.
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W.P.(MD) No.28305 of 2023
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
W.P.(MD) No.28305 of 2023
A.Jenin ... Petitioner
-vs-
1.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
____________ Page 1 of 4
W.P.(MD) No.28305 of 2023
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.
Page 2 of 4
W.P.(MD) No.28305 of 2023
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.
Page 3 of 4
W.P.(MD) No.28305 of 2023
THE HONOURABLE CHIEF JUSTICE and L.VICTORIA GOWRI , J.
krk
W.P.(MD) No.28305 of 2023
30.11.2023
Page 4 of 4
1 issue framed by the court
Whether a writ of mandamus should be issued directing the authorities to cut and remove a standing tree obstructing a concrete road.
1 provisions across 1 enactments
A. Jenin
The District Collector, Nagercoil
The Executive Officer, Palapallam Town Panchayat
Sanjay V. Gangapurwala
L. Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
