Dismissed¶20

Tmt.Jayamala v. the Commissioner

Madras HC20 Nov 2025WP/44985/2025

Case brief

AI extract

What is this about?

Madras High Court, single Judge (V. Lakshminarayanan J.), W.P. No.44985 of 2025, order dated 20.11.2025 - mandamus under Article 226 seeking removal of tree before house at West Tambaram; Section 136(2)/Section 136 Tamil Nadu Urban Local Bodies Act; Commissioner may remove tree only if in ruinous or dangerous condition; vibrant tree cannot be removed; representation dated 21.09.2025; Tambaram Corporation; petition dismissed, no costs.

What did the court decide?

Under Section 136(2) of the Tamil Nadu Urban Local Bodies Act, the Commissioner has power to remove a tree only if such tree is in a ruinous or dangerous condition. ¶19

Tmt.Jayamala Vs the Commissioner — Writ and Judicial Review | Madras HC (2025)

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W.P. No.44985 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 20.11.2025

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CORAM

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THE HON'BLE Mr. JUSTICE V.LAKSHMINARAYANAN

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W.P. No.44985 of 2025

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Tmt.Jayamala …Petitioner

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Vs.

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1.The Commissioner, Tambaram Corporation, West Tambram, Chennai 45. ...Respondent

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Prayer : This writ petition has been filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the Respondent to consider and dispose of the representation dated 21.09.2025 with regard to the remove (cut down) of the tree in front of my house Plot No.3 & 4 Church Street, Annai Indira Nagar, West Tambaram.

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For Petitioner(s) : Mr.G.Punniakoti

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For Respondent(s): Mr.P.Srinivas

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1 /4

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https://www.mhc.tn.gov.in/judis

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W.P. No.44985 of 2025

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O R D E R

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The petitioner seeks a Mandamus directing the Commissioner, Municipality, to remove a tree which is adjacent to her gate. The petitioner states that on account of the existence of the tree, her compound wall has been affected.

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Under Section 136(2) of the Tamil Nadu Urban Local Bodies Act, the

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Commissioner has the power to remove a tree, only if such tree is in a ruinous or dangerous condition. When the tree is growing in a vibrant manner, the Municipal Commissioner cannot direct its removal. Perhaps, he does so, he could invite trouble under the Environmental Laws. Since Section 136 of the Local Bodies Act is not attracted, I am not in a position to grant relief to the petitioner.

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