1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.08.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)No.8175 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 N.A.Sudarson .. Petitioner Vs. 1. The District Collector, Theni District, Theni. 2. The Tahsildar, Uthamapalayam,Theni District. 3. The Assistant Engineer, State High Ways Department, Bodinayakanur Sub Division, Theni District. 4. R.S.Wind Tech., Udumalaipettai Branch, Coimbatore District. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to forbear the respondent No.3 from cutting down the tamarind trees in T.Meenakshipuram to Sakkuluthu Mettu Padhai, Uthamapalayam Taluk, Theni District without adapting the due process of law. For Petitioner : Mr.T.Lajapathi Roy For Respondents: Mr.TR.Janarthanam, Additional Government Pleader for R.1 to R.3 : Mr.S.S.Sundar for R.4 O R D E R This Writ Petition has been filed by the petitioner for a Writ of Mandamus, to forbear the third respondent from cutting down the tamarind trees in T.Meenakshipuram to Sakkuluthu Mettu Padhai, Uthamapalayam Taluk, Theni District without adapting the due process of law. 2. Heard Mr.T.Lajapathi Roy, learned Counsel for the petitioner, Mr.TR.Janarthanam, learned Additional Government Pleader, appearing for the respondents 1 to 3 and Mr.S.S.Sundar, learned Counsel appearing for the fourth respondent. 3. By consent, the writ petition itself is taken up for final disposal. 4. The writ petition has been filed for mandamus to forbear the third respondent from cutting the trees indiscriminately and the petitioner has made a representation on 13.07.2011 to the first respondent to take action https://hcservices.ecourts.gov.in/hcservices/ 2 against such indiscriminate act of cutting of trees without permission of the panchayat. 5. Notice of motion was ordered and interim injunction was granted on 21.07.2011. The third respondent has filed counter affidavit and a petition to vacate the interim injunction stating that the third respondent has been entrusted with the work of erecting electricity poles and to lay the 22 KV single circuit over head lines from T.Mettupatti to Sakalunthumettu. The fourth respondent is the authorised person to lay the over head lines and for this purpose, the fourth respondent took permission to prune certain trees which were coming in the way while laying the 22 KV single circuit overhead lines. 6. It is stated in paragraph 7 of the counter affidavit that 75 trees standing on both sides of the road were pruned and the total value of the branches, that were cut, were auctioned for a sum of Rs.1,050/- in the auction conducted on 20.07.2011. It is further stated that at no point of time, the fourth respondent cut any tree in its entirety. Therefore, the allegation made in the writ petition that they are indiscriminately cutting all trees is without any basis. It is also the stand of the third respondent that selective pruning of trees for the purpose of erecting electric poles is part of the installation process and the petitioner cannot have any grievance on this issue. The counter affidavit filed by the third respondent is accepted and hence no further direction or order is required for the present case. 7. The Chairman, Electricity Board, however, is directed to give suitable directions to the Superintendent Engineers of various Divisions to ensure that pruning of trees is done in a proper manner by using special equipments which are now available in the market, so as to avoid cutting of huge branches through conventional method as was done in the present case. 8. The Writ Petition is disposed of with the above observations. Consequently, the connected Miscellaneous Petitions are closed. The interim injunction already granted in M.P.(MD)No.1 of 2011 in W.P.(MD)No. 8175 of 2011 stands vacated. No costs. SD ASST REGISTRAR ( CRL SIDE ) /TRUE COPY/ SUB ASST REGISTRAR ssl To 1. The District Collector, Theni District, Theni. 2. The Tahsildar,Uthamapalayam, Theni District. 3. The Assistant Engineer, State High Ways Department, Bodinayakanur Sub Division, Theni District. 4. R.S.Wind Tech., Udumalaipettai Branch, Coimbatore District. 1CC TO THE SPL. GOVT PLEADER SR: 27103: 1CC TO MR. S.S. SUNDAR, ADVOCATE,S R: 26943: DM::2011:AUGUST:23:: W.P(MD)No.8175 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 2P:7C:: 09.08.2011 https://hcservices.ecourts.gov.in/hcservices/