W.P.No.35855 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated :31.01.2025 CORAM: THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.No.35855 of 2024 Dr.M.S.Saroji ... Petitioner Vs. 1.The District Collector Dharmapuri District, Dharmapuri. 2.The Revenue Divisional Officer Dharmapuri Division, Dharmapuri. 3.The Divisional Engineer Highways Department, Dharmapuri Division, Dharmapuri. 4.The Assistant Divisional Engineer Office of The Assistant Divisional Engineer (H), Highways, Dharmapuri Sub-division, Dharmapuri. 5.The Thasildar Dharmapuri Taluk Office, Dharmapuri. ... Respondents Prayer: Writ petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Mandamus, directing the 3rd respondent to cut and remove the Peepal Tree situated in the northern side of the Dharmapuri to Nallampalli Road in Bharathipuram (Old National Highway No.7) as per the direction of the 5th respondent in its p. 1 https://www.mhc.tn.gov.in/judis W.P.No.35855 of 2024 proceedings in Na.Ka.No. 3106/2023/A4 dated 12.08.2024. For Petitioner : Mr.M.Selvam For Respondents : Mrs.M.Jayanthy for R1, R3 and R4 Additional Government Pleader Mr.S.Balamurugan for R2 & R5 Government Advocate ORDER The writ petition is filed seeking a direction to 3rd respondent to cut and remove the Peepal tree situated in the northern side of Dharmapuri to Nallampalli Road in Bharathipuram (Old National Highway No.7) road as per the direction issued by the 5th respondent. 2. It is the case of the petitioner that she is running a Dental hospital in Lakkiyampatti, Dharmapuri District for the past six years and the said hospital is situated in T.S.No.118 in Old Survey No.88/2A2B. 3. It is claimed by the petitioner that there is an old Peepal tree in front of the above said hospital and the roots of the said tree is causing a damage to the hospital. It is also stated that branches of the trees are protruding towards road blocking traffic in the area. Therefore the petitioner submitted a petition before the respondents on 06.11.2023 p. 2 https://www.mhc.tn.gov.in/judis W.P.No.35855 of 2024 making a request for removal of the tree situated in the northern side. 4. The 1st respondent in his capacity as Chairperson of the District Green Committee expressed his nod for removal of the tree. Even thereafter, the respondents 2 to 5 have not taken any steps for removal of the tree. Therefore, the petitioner has come before this Court. 5. The 2nd respondent filed a counter affidavit stating that the tree is not situated in the property belongs to the petitioner and it is only located in the property of the Highways Department. It is also stated that there is no complaint from the general public regarding any disturbance to the traffic due to the over hanging branches of the trees. It is also asserted by the 2nd respondent that when the officials attempted to cut down the trees, the people living in that locality protested against cutting of the tree on the ground that Peepal tree was worshipped as part of the temple namely A/m. Kasi Vishwanathar Udanurai Vishalakshi Amman. Since the respondents received objection from the people living in that locality, the respondents deferred cutting of tree. It is further asserted by the 2nd respondent that peepal tree referred to by the petitioner is not a hindrance for the traffic p. 3 https://www.mhc.tn.gov.in/judis W.P.No.35855 of 2024 and no visible damage to the building of the petitioner noted by the respondents. In these circumstances, the learned Government Advocate for the 2nd respondent prays for dismissal of the writ petition. 6. From the averment found in the affidavit of the 2nd respondent, it is clear that the general public have not made any objection for removal of the peepal tree. The photographs produced before this Court would indicate that peepal tree is situated in between the road portion and the property of the petitioner. If the tree mentioned by the petitioner is a hindrance to the ingress and egress of the petitioner, it is for her to approach the Civil Court for appropriate remedy. In the light of the counter affidavit filed by the 2nd respondent asserting that there is no hindrance to the traffic by the peepal tree referred by the petitioner, this Court is not inclined to issue any direction to the respondents as prayed by the petitioner. Accordingly, the writ petition stands dismissed. However, the dismissal of the writ petition will not come in the way of the petitioner from working out her remedy before the Civil Court by establishing her civil right in the manner known to law. Page 4 of 6 https://www.mhc.tn.gov.in/judis W.P.No.35855 of 2024 7. With the above observations, the Writ Petition stands dismissed. No costs. 31.01.2025 Index:Yes/No Internet:Yes/No nr To 1.The District Collector Dharmapuri District, Dharmapuri. 2.The Revenue Divisional Officer Dharmapuri Division, Dharmapuri. 3.The Divisional Engineer Highways Department, Dharmapuri Division, Dharmapuri. 4.The Assistant Divisional Engineer Office of The Assistant Divisional Engineer (H), Highways, Dharmapuri Sub-division, Dharmapuri. 5.The Thasildar Dharmapuri Taluk Office, Dharmapuri. Page 5 of 6 https://www.mhc.tn.gov.in/judis W.P.No.35855 of 2024 S.SOUNTHAR, J. nr W.P.No.35855 of 2024 31.01.2025 p. 6 https://www.mhc.tn.gov.in/judis