E RAJU Vs. TAHSILDAR

JUDGEMENT

(1.) THE petitioner, by name, E. Raju, resident of No. 52, Pachaiappan Street, Jaffarkhanpet, Ashok Nagar, Chennai-83, has filed the above writ petition, to issue a Writ of Mandamus, directing the respondents, namely, (1)Tahsildar, Mambalam-Guindy Taluk, (2) District Collector, Chennai and (3) Commissioner, Corporation of Chennai, to forbear them from demolishing the Kanniamman Temple and from cutting and removing the neem tree being maintained by the petitioner adjacent to his property in premises bearing Door No. 1, Ayyavoo Street, Jaffarkhanpet, Ashok Nagar, Chennai-83 except under due process of law, namely, by taking recourse to the provisions of the Tamil Nadu Land Encroachment Act, if necessary.

(2.) ACCORDING to the petitioner, he is running a tea stall and a bunk stall in the premises bearing Door No. 1, Ayyavoo street, Jaffarkhanpet, Ashok Nagar and the land of the said premises was allotted by the Tamil Nadu Slum Clearance Board in favour of his brother Kuppusamy. The petitioner, his brother and other family members were established a temple in the corner of their premises bearing Door No. 1, Ayyavoo Street, Jaffarkhanpet and also a neem tree was developed and maintained near the said property. It is his case that the neem tree and the temple are being maintained and protected by their ancestors for the last more than 60 years. Neither the temple nor the neem tree is an obstruction, causing inconvenience to the public and so far, no untoward incident had occurred near the place in question. The respondents have not issued any notice nor initiated proceedings under Tamil Nadu Land Encroachment Act, 1905.

(3.) WHEN the above writ petition came up for admission, we issued notice to the respondents. At the time of hearing, learned counsel appearing for third respondent-the Commissioner, Corporation of Chennai, has brought to our notice that a decision had already been taken for cut and removal of the neem tree and also removal of brick wall, which has been constructed around the tree since both the tree and the wall surrounded by it are located in the middle of the road, which are hindrance to free flow of traffic. The file produced also shows that the tree may be cut and removed from the place in question in order to allow the free flow of traffic.