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W.P.No.20121 of 2025 IN THE HIGH COURT AT JUDICATURE AT MADRAS DATED: 06.06.2025 CORAM THE HON'BLE MRS.JUSTICE N.MALA W.P.No.20121 of 2025 S. Karthikeyan ...Petitioner Vs.
1. The District Collector, Fourth Floor, M.Singaravelar Maaligai, 62, Rajaji Salai, Chennai Collectorate, Chennai – 600 001.
2. The Commissioner, Greater Chennai Corporation Ripon Building, Poonamallee High Road, Chennai – 600 003.
3. The District Forest Officer, District Forest Office, No.259, 3 rd Floor, DMS Complex, Teynampet, Chennai, Tamil Nadu.
4. The Green Committee Member, Green Committee Department, M.Singaravelar Maaligai, No.62, Rajaji Salai, Chennai Collectorate, Chennai 600 001. ...Respondent 1/8 https://www.mhc.tn.gov.in/judis
W.P.No.20121 of 2025 Writ petition is filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, directing the first respondent to invoke the powers vested under Section 136(2) of Tamil Nadu Urban bodies Act, 1998 and remove the peepal tree situated near S.No.12/18, Abirami Flats, Ramakrishna Stree,t T.Nagar, Chennai- 600 017 and pass orders. For Petitioners : Mr.V. Srimathi For Respondents 1 and 4 : Mr.M. Shajakhan Special Government Pleader For Respondent 2 : Mr.D.B.R. Prabhu, Standing counsel For Respondent 3 : Dr.T. Seenivasan, Special Government Pleader
ORDER Mr.M. Shajakhan, Special Government Pleader takes notice for the first and fourth respondents. Mr.D.B.R. Prabhu, Standing counsel takes notice for the second respondent. Dr.T.Seenivasan, Special Government Pleader takes notice for the third respondent. 2/8 https://www.mhc.tn.gov.in/judis
W.P.No.20121 of 2025
2. By consent of both the parties, this writ petition is taken up for final disposal at the stage of admission itself. 3. This writ petition is filed seeking for a Writ of Mandamus directing the first respondent to invoke the powers vested with him under Section 136(2) of Tamil Nadu Urban bodies Act, 1998 and remove the peepal tree situated near S.No.12/18, Abirami Flats, Ramakrishna Stree, T.Nagar, Chennai- 600 017. 4. The petitioner's apartment is situated in the prime area of T.Nagar and surrounded by trees. One such tree is a peepal tree which was planted several years ago. The tree had outgrown itself and was causing serious threat to the life and limb of the residents of the area, particularly the occupants of the flats. Therefore, the petitioner submitted a representation to the concerned authorities for taking affirmative action in the interest of the residents of the area and the apartments. Though the petitioner had been agitating the issue for a decade, no action was taken by the respondents. The petitioner recently submitted a 3/8 https://www.mhc.tn.gov.in/judis
W.P.No.20121 of 2025 representation to the second respondent on 06.01.2024, reiterating the problems faced by the inhabitants of the apartments and seeking for immediate action. The second respondent forwarded the representation to the third respondent on
23.02.2024. The petitioner was given to understand that as the matter required immediate attention, it was placed before the green committee, for its report. The petitioner therefore forwarded a copy of the representation to the green committee, but no action was taken . Hence, the petitioner was constrained to the file the above writ petition for the above said relief. 5. Heard both sides and perused the materials placed on record. 6. The facts of the case are not disputed. The petitioner as a resident of the apartment building, submitted a representation for the removal of the peepal tree situated in front of the compound wall of his apartments, since it posed a threat to the inhabitants of the apartment and also to the local residents.
According to the reply received by the petitioner to his RTI application, his representation was placed before the green committee for further action for removal of the tree. It appears from the photographs filed by the petitioner in 4/8 https://www.mhc.tn.gov.in/judis
W.P.No.20121 of 2025 the typed set of papers that the tree has outgrown itself and the roots are penetrating into the foundation of the apartment building, posing grave threat to its stability and danger to the residents. Therefore, as rightly contended by the
learned counsel for the petitioner, the representation of the petitioner requires immediate action.
7. The Respondents in their RTI, reply stated that the representation of the petitioner was placed before the green committee and proper action would be taken based on the report. In view of the above reply and under the facts and circumstances of the case, I am inclined to issue a direction to the first respondent, to take immediate steps on the petitioner's representation by expediting the process of the green committee report. Therefore, a direction is issued to the green committee, to submit its report within a period of four weeks, from the date of receipt of a copy of this order. In case the report is in favour of the petitioner, the first respondent shall take immediate steps to remove the peepal tree, within a period of four weeks thereafter. 5/8 https://www.mhc.tn.gov.in/judis
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8. Accordingly, this writ petition is disposed of. However, there shall be no order as to costs. 06.06.2025 Index:Yes/No Speaking order:Yes/No Neutral Citation:Yes/No 6/8 https://www.mhc.tn.gov.in/judis
W.P.No.20121 of 2025 To.
1. The District Collector, Fourth Floor, M.Singaravelar Maaligai, 62, Rajaji Salai, Chennai Collectorate,Chennai – 600 001
2. The Commissioner, Greater Chennai Corporation Ripon Building, Poonamallee High Road,Chennai – 600 003.
3. The District Forest Officer, District Forest Office, No.259, 3 rd Floor, DMS Complex, Teynampet, Chennai, Tamil Nadu.
4. The Green Committee Member, Green Committee Department, M.Singaravelar Maaligai, No.62, Rajaji Salai, Chennai Collectorate, Chennai 600 001. 7/8 https://www.mhc.tn.gov.in/judis
W.P.No.20121 of 2025 N.MALA,J. smn W.P.No.20121 of 2025 06.06.2025 8/8 https://www.mhc.tn.gov.in/judis