Madras High Court

WP(MD)/31929/2026 of Dany Jesudhas Vs The District Collector on 11 November 2026

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WP(MD) No. 31929 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 11-11-2026

CORAM

THE HON'BLE MR. JUSTICE SENTHILKUMAR

RAMAMOORTHY

WP(MD) No. 31929 of 2026

CNR:{HCMD011593032026}

AND

WMP(MD) No. 24585 of 2026

Dany Jesudhas

..Petitioner(s)

Vs

1. The District Collector

Kanniyakumari District,

Nagercoil.

2. The Sub-Collector

Padmanabhapuram,

Kanyakumari District

3. The Executive Engineer

Public Works Department,

Water Resources Department,

Pattinamkal Division,

Nagercoil,

Kanyakumari District

4. The Assistant Engineer

Public Works Department,

Water Resources Department,

Pattinamkal Division,

Kuzhithurai,

Kanyakumari District

..Respondent(s)

PRAYER: Writ Petition, filed under Article 226 of the Constitution of

WP(MD) No. 31929 of 2026

India, praying this court to issue a WRIT OF MANDAMUS, directing the respondents more particularly 3rd and 4th Respondents not to fell, cut or remove the two healthy trees situated at Chirayankuzhi, Kanjiracode Post, Kanyakumari District, pursuant to the proposed removal of four trees, without conducting an individual technical assessment, recording proper reasons and considering the petitioner’s representations dated 20.02.2026 and 22.02.2026 and consequently direct the respondents to preserve the said two healthy trees.

For Petitioner(s)

:Mr.J.Jeevin

For Respondent(s)

:Mr.R.Parthiban

Special Government Pleader

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ORDER

After submitting representations dated 20.02.2026 and 22.02.2026 to forbear from felling two trees, whose photographs are at pages 31 and 32 of the typed set, the petitioner has approached this Court for directions in that regard.

2. Accepting notice for all the respondents, Mr.R.Parthiban, learned Special Government Pleader, has handed over proceedings dated 22.10.2026 of the Revenue Divisional Officer directing that an auction be held for the removal of said trees.

WP(MD) No. 31929 of 2026

3. In view of said order being issued, the petitioner should challenge such order in accordance with law.

4. Learned counsel for the petitioner submits that any such challenge would be rendered infructuous unless interim protection is granted pending such challenge.

5. Considering the above submissions, the respondents are directed not to confirm the auction and thereby permit felling of the trees for a period of ten (10) days from the date of receipt of a copy of this order. Meanwhile, it is open to the petitioner to submit an appropriate representation to the appropriate higher official.

6. This Writ Petition stands disposed of on the above terms. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. 11-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No apd

WP(MD) No. 31929 of 2026 To

1. The District Collector Kanniyakumari District NagercoilKanniyakumari

2. The Sub-Collector Padmanabhapuram Kanyakumari District

3. The Executive Engineer Public Works Department Water Resources Department Pattinamkal Division Nagercoil Kanyakumari District

4. The Assistant Engineer Public Works Department Water Resources Department Pattinamkal Division Kuzhithurai Kanyakumari District

WP(MD) No. 31929 of 2026 SENTHILKUMAR RAMAMOORTHY, J. apd WP(MD) No. 31929 of 2026 AND WMP(MD) No. 24585 of 2026 11-11-2026

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