Writ petition sought a mandamus directing the Revenue Divisional Officer to act on the petitioner's representation for removal of overhanging trees. The court noted the representation had already been rejected by final order and disposed of the petition with liberty to challenge that order.
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W.P.(MD)No.25553 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.25553 of 2024
N.Arun Prasath
... Petitioner
/Vs./
1.The Revenue Divisional Officer, Madurai.
2.M.Ramathilagam ... Respondents
PRAYER : 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.
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W.P.(MD)No.25553 of 2024
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.
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W.P.(MD)No.25553 of 2024
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
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W.P.(MD)No.25553 of 2024
ABDUL QUDDHOSE, J.
Sm
TO:-
Order made in W.P.(MD)No.25553 of 2024
Dated: 25.10.2024
1 issue framed by the court
Whether the RDO should act on the petitioner's representation to cut Seemai Karuvelam trees overhanging his house.
2 provisions across 2 enactments
N.Arun Prasath
The Revenue Divisional Officer, Madurai
M.Ramathilagam
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
