IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 15.09.2022 CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR WP.No.24727/2022 K.P.Mahalingam .. Petitioner Vs.

1.The District Collector Coimbatore District.

2.The Tahsildar Pollachi Taluk, Coimbatore District.

3.The Village Administrative Officer Jamin Kottampatti Panchayat Rangasmuthiram Village Pollachi Taluk, Coimbatore District.

4.The President Jamin Kottampatti Panchayat Rangasmuthiram Village Pollachi Taluk, Coimbatore District. .. Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 4th respondent herein to consider the petitioners representation dated 12.07.2022 and 29.07.2022 for the removal of the life threatening the old tamarind tree near the petitioners house in Survey No.365/18 in Rangasamuthiram Village, Pollachi Taluk, Coimbatore District and pass appropriate orders within stipulated time period as may be fixed by this Court.

For Petitioner : Mr.N.Sudharsan For RR 1 to 3 : Mr.P.Balathandayutham Spl.Govt.Pleader For R4 : Mr.E.Vijay Anand Additional Govt. Pleader ORDER (1) The writ petition is filed for issuance of a writ of mandamus to direct the 4^th respondent to consider the petitioner's representation dated 29.07.2022 for the removal of the life threatening old tamarind tree near the petitioners house in Survey No.365/18 in Rangasamuthiram Village, Pollachi Taluk, Coimbatore District within the stipulated time to be fixed by this Court.

(2) Mr.P.Balathandayutham, learned Special Government Pleader accepts notice on behalf of respondents 1 to 3 and Mr.E.Vijay Anand, learned Additional Government Pleader accepts notice on behalf of the 4^th respondent.

(3) The petitioner is aggrieved by the inconvenience caused due to the huge tamarind tree grown near his house.

(4) It is now represented by the learned Special Government Pleader appearing for respondents 1 to 3 that the tree is standing in a patta land and therefore, the 4^th respondent cannot go and remove the tree on his own. However, the Local Body will consider the representation of the petitioner after issuing notice to the person in whose land the tree is grown, in case the tree is causing potential threat to the petitioner's house.

(5) In that view of the matter, without expressing any opinion on the merits of the petitioner's representation, this writ petition is disposed of with a direction to the 4^th respondent to consider the representation of the petitioner dated 12.07.2022 after issuing notice to the owner of the land in which the old tamarind tree is standing and pass appropriate orders if it is within his limits in exercise of his power as the President of the Jamin Kottampatti Panchayat, under the Panchayats Act. No costs.

15.09.2022 AP Internet : Yes To

1.The District Collector Coimbatore District.

2.The Tahsildar Pollachi Taluk, Coimbatore District.

3.The Village Administrative Officer Jamin Kottampatti Panchayat Rangasmuthiram Village Pollachi Taluk, Coimbatore District.

4.The President Jamin Kottampatti Panchayat Rangasmuthiram Village Pollachi Taluk, Coimbatore District.

S.S.SUNDAR, J., AP

15.09.2022