Vasantha vs The District Collector
2026 Latest Caselaw 935 Mad

Citation : 2026 Latest Caselaw 935 Mad
Judgement Date : 6 March, 2026

[Cites 1, Cited by 0]

Madras High Court

Vasantha vs The District Collector on 6 March, 2026

Author: D.Bharatha Chakravarthy

Bench: D.Bharatha Chakravarthy

                                                                                            W.P(MD)No.6066 of 2026

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                             Dated: 06.03.2026

                                                                  CORAM

                          THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY

                                                    W.P(MD)No.6066 of 2026


                      Vasantha                                                                ... Petitioner

                                                                       Vs.


                      1.The District Collector,
                        Theni District.

                      2.The Revenue Divisional Officer,
                        Revenue Divisional Office,
                        Periyakulam,
                        Theni District.

                      3.The Tahsildar,
                        Andipatti Taluk,
                        Theni District.

                      4.Thangakodi                                                            ...Respondents


                                  Writ Petition is filed under article 226 of the Constitution of India,
                      praying to issue a Writ of Mandamus, directing the first respondent to
                      cancel the cutting order in No.2943774/2025/G7 dated 03.11.2025, granted
                      to the fourth respondent, for cutting the trees in S.Nos.40/11 and S.No.42/6
                      at Rayavelur (Utkadai), Palakkombai Village, Antipatti Taluk, Theni District
                      by disposing representation dated 11.02.2026.



                      1



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                                                                                           W.P(MD)No.6066 of 2026

                                       For Petitioner                 :Mr.R.Suriya Narayanan
                                       For R1 to R3                   :Mr.M.Senthil Ayyanar
                                                                       Government Advocate

                                                                ORDER

The writ petition is filed for a mandamus directing the first

respondent to cancel the cutting order dated 3.11.2025 granted to the 4th

respondent for cutting the trees in survey Nos.40/11 and S.No.42/6 at

Rayavelur (Utkadai), Palakkombai Village, Andipatti Taluk, Theni District.

2. Upon hearing the learned counsel for the petitioner and perusing

the material records of the case, the contention of the petitioner is that, the

petitioner is also co-owner of the property and without her consent, the trees

cannot be cut. It can be seen that when the petitioner had filed O.S.No.4 of

2010 praying for partitioning the said property, the same came to be

dismissed by a judgment and decree dated 7.1.2026. It is stated that the

petitioner is filing an appeal and in the meanwhile, if the trees are cut, the

position will become irreversible.

3. The learned Additional Government Pleader, who takes notice on

behalf of the respondents 1 & 2, would submit that the permission was duly

applied and it was granted as the trees are in the private land.

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4. This writ petition is disposed of with the admission stage without

notice to the 4th respondent.

5. If the petitioner is the owner of the property and if pending the

further proceedings in the Civil Court, the petitioner wants to prohibit or

restrain the 4th respondent from cutting the trees, the remedy of the

petitioner is only before the concerned Civil Court and the jurisdiction of

this Court under Article 226 cannot be exercised in respect thereof.

However, the only difficulty that is pleaded on behalf of the petitioner is that

now the suit is dismissed and if only the certified copy is granted, the

petitioner will be in a position to file an appeal and pray for such interim

order.

6. In view thereof, this writ petition is disposed of on the following

terms:-

Upon production of the web copy of this order, the learned Principal

District Judge, Theni, is requested to forthwith issue the certified copy of

the decree and judgment in O.S.No.4 of 2010 in the copy application that is

stated to have been filed and is pending on behalf of the petitioner and it

will be for the petitioner to approach the appropriate appellate Court, and

from there on, the rights of the parties shall be determined as per the interim

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orders, if any, passed in favour of the petitioner by the appellate Court. In

order to enable the petitioner to approach the appellate court, the cutting

order issued by the first respondent dated 03.11.2025, if it has not already

been effected, shall be kept in abeyance for a period of two weeks from the

date of receipt of the web copy of this order.