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2024 Supreme(Online)(Mad) 49457

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J
D.SRINIVASAN – Appellant
Versus
DISTRICT COLLECTOR – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.04.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P. No.10048 of 2024 D. Srinivasan ... Petitioner Vs.

1. District Collector, NH-40, Ranipet Collector Office, Ranipet, Tamil Nadu – 632 401.

2. Village Administrative Officer, Thakolam Village, Ranipet District – 631 151.

3. Executive Officer, Thakolam Panchayat, Ranipet District-631 151.

4. Gopal ...Respondents Prayer:Writ Petition is filed under Article 226 of Constitution of India, for issuance of writ of Mandamus, directing the first to third respondents to prune the branches of the neem tree and Samanea Saman a.k.a rain tree adjacent to the compound wall and building of the petitioner's residential building that are causing life threat to the petitioner and the family of the petitioner.

For Petitioner : Mr.R.Harinath For R1 and R2 : Mr.U.Baranidharan Additional Government Pleader For R3 : Mrs.M.Jayanthy Additional Government Pleader

O R D E R

Under Section 133 of the Code of Criminal Procedure, the District Magistrate/Sub-Divisional Magistrate or any other Executive Magistrate is empowered to remove the obstruction or nuisance.

2. The grievances of the petitioner is that the 4th respondent is not cutting the branches of Neem Tree, which is causing life threat to the neighbors including the petitioner. During rainy season, the petitioner is facing difficulties.

3. Thus, the respondents 1 to 3 are directed to inspect the premises and initiate all appropriate action to remove the trees, which is posing danger or causing nuisance to the neighbors and the public in general. The said exercise is directed to be completed within a period of eight (8) weeks from the date of receipt of a copy of this order.

4. Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs.

12.04.2024 Index : Yes/No Speaking Order : Yes/No Neutral Citation : Yes/No veda To

1. District Collector, NH-40, Ranipet Collector Office, Ranipet, Tamil Nadu – 632 401.

2. Village Administrative Officer, Thakolam Village, Ranipet District – 631 151.

3. Executive Officer, Thakolam Panchayat, Ranipet District-631 151.

S.M.SUBRAMANIAM,J.

veda

12.04.2024

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