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2026 DAILYLAW 61655 (MAD)

A.Subramanian v. The District Collector

WP(MD)/19001/2026 · 2026-08-13

B Pugalendhi, G R Swaminathan

Transfer Petitionbody2026

Judgment text

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WP(MD) No. 19001 of 2026 __________ Page1 of 5 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13-08-2026 CORAM THE HON'BLE MR JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR JUSTICE B.PUGALENDHI WP(MD) No. 19001 of 2026 A.Subramanian S/o.Arumugam, No.10/68, South Street, Veerakulam, Karungadal Village, Asirvathapuram Route, Sathankulam Taluk, Thoothukudi District - 628 613. ..Petitioner(s) Vs 1. The District Collector Thoothukudi District, Thoothukudi. 2. The District Forest Officer, Thoothukudi Disrict, Thoothukudi. 3. The Executive Engineer, WRD-PWD, Upper Thamirabharani Basin Division, Tirunelveli. ..Respondent(s) Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 and 2 to remove the Karuvelam trees (Vachellia nilotica) in Survey No.668 in Karungadal Village and to aid the desilting works in Veerakulam pond and https://www.mhc.tn.gov.in/judis WP(MD) No. 19001 of 2026 __________ Page2 of 5 to protect the pond, based on the petitioner’s representation dated 23.03.2026 within a time frame fixed by this Court. For Petitioner(s): Mr.Aayiram K.Selvakumar For Respondent(s): Mr.B.Saravanan, Additional Advocate General, assisted by, Ms.W.Pamelin, Additional Government Pleader. ORDER Heard the learned counsel appearing for the writ petitioner and the learned Additional Advocate General assisted by the learned Additional Government Pleader appearing for the respondents. 2. The writ petitioner is a resident of Veerakulam Village. He states that a donor has come forward to carry out desilting works in Veerakulam tank which measures an extent of 117 acres. The donor however is reluctant to take up the works because of the growth of a large number of Karuvelam trees. 3. The tank vests with the third respondent. The third respondent is also not taking initiative because it is the second respondent who has to value the trees. Hence, this writ petition has been filed. 4. The learned Additional Advocate General submitted that the presence of the trees is necessary to maintain the biodiversity of the https://www.mhc.tn.gov.in/judis WP(MD) No. 19001 of 2026 __________ Page3 of 5 locality. 5. We find considerable force in the said submission. 6. It is seen that these trees were planted with foreign assistance some fifty years ago to cater to the needs of the local economy(fire wood). We take judicial notice of the fact that the use of fire wood is on the wane. The petitioner through his counsel gives an undertaking that they will ensure that an equivalent number of trees are planted on the tank bund before the desilting works are undertaken. The same is recorded. It is also undertaken that wherever Karuvelam trees are found in a cluster, they won’t be uprooted. This is to ensure that 30% of the existing tree cover is preserved. It is stated that there are totally 945 trees. Out of them, 30% trees will have to stand provided that they are in cluster and the remaining trees will be removed. The second respondent shall conduct an auction within a period of 45 days. The donor can commence the desilting works in the remaining area of the water body. This writ petition stands disposed of accordingly. No costs. (G.R.S.,J.) (B.P.,J.) 13-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PMU https://www.mhc.tn.gov.in/judis WP(MD) No. 19001 of 2026 __________ Page4 of 5 To: 1. The District Collector Thoothukudi Disrict, Thoothukudi. 2. The District Forest Officer, Thoothukudi Disrict, Thoothukudi. 3. The Executive Engineer, WRD-PWD, Upper Thamirabharani Basin Division, Tirunelveli. https://www.mhc.tn.gov.in/judis WP(MD) No. 19001 of 2026 __________ Page5 of 5 G.R.SWAMINATHAN, J. AND B.PUGALENDHI, J. PMU WP(MD) No. 19001 of 2026 13-08-2026 https://www.mhc.tn.gov.in/judis