- 1 - HC-KAR NC: 2025:KHC:36804 WP No. 25032 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.25032 OF 2025 (LB-BMP) BETWEEN: 1. SRI. S. EMMANUEL JAYASEELAN S/O. STALIN JOHN, AGED ABOUT 53 YEARS, R/AT NO.21, 2ND CROSS, RAJASHREE LAYOUT, MUNNEKOLALU, BANGALORE-560 037 PRESENTLY R/AT NO.D4-305, PURVA WINDERMERE, BHAVANI AMMAN KOVIL STREET, OPP. TO PALLIKARANAI GOVT. SCHOOL, SURYA NAGAR, PALLIKARANAI, KANCHEEPURAM, TAMIL NADU-600 100. …PETITIONER (BY SRI. ROHAN S., ADVOCATE FOR SRI. M.R. BALAKRISHNA, ADVOCATE) AND: 1. THE BRUHAT BANGALORE MAHANAGARA PALIKE N.R. SQUARE, BANGALORE-560 009, REP. BY ITS COMMISSIONER. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36804 WP No. 25032 of 2025 2. THE DEPARTMENT OF FOREST BBMP, OFFICE OF THE BBMP, N.R. SQUARE, BANGALORE-560 009, REP. BY ITS DEPUTY CONSERVATOR OF FOREST. 3. SRI. MUNESHWARASWAMY TEMPLE TRUST 3RD CROSS, RAJASHREE LAYOUT, MUNNEKOLALU, BENGALURU-560 037, REP. BY ITS MANAGING TRUSTEE. …RESPONDENTS (BY SRI. B L SANJEEV, ADVOCATE FOR R.1 AND R.2; SMT. V. NAGAMANI, ADVOCATE FOR R.3.) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NOS.1 AND 2 TO CONSIDER THE REPRESENTATION/COMPLAINT DATED 17.06.2025 AS PER ANNEXURE-A BEARING NO.20768473, ETC. THIS PETITION, COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2025:KHC:36804 WP No. 25032 of 2025 ORAL ORDER 1. The case of the petitioner is that a tree grown in the compound of respondent No.3 is causing damage to the property of the petitioner. For that reason, the writ petition is filed with the following prayers:- "a) Issue writ of mandamus directing the Respondent No.1 & 2 to consider the representation/ complaint dated 17.06.2025 asper Annexure 'A' bearing No.20768473 and further directing them to remove the branches of the tree which is situated within the Temple premises of the Respondent No.3 which is hanging precarious over the Compound Wall and House of the Petitioner, endangering the Human Life. b) Pass such other direction or order as this Hon'ble court deems fit in the facts and circumstances of the case, in the interest of justice and equity." 2. Respondent No.3 disputes the aforementioned claim of the petitioner. 3. Learned counsel for respondent Nos.1 and 2, upon instructions, submits that they will conduct the necessary - 4 - HC-KAR NC: 2025:KHC:36804 WP No. 25032 of 2025 inspection, hear both the petitioner and respondent No.3 and take suitable action immediately. Hence, the following:- ORDER i. Respondent No.2 is directed to hear both the petitioner and respondent No.3 and do the needful within a period of two weeks from today. ii. Parties shall appear before respondent No.2 without further notice on 19.09.2025 at 11.00 a.m. iii. The writ petition is disposed of. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 26