‘When There Are Several Grown Trees, It Would Not Be A Wise Thing To Cut Them Down For Sake Of Constructing A Building’: Madras High Court

The Madras High Court recently emphasized that the State must take steps for trees in this age of climate change. The court said that felling of trees for the construction of the building was not a wise decision.

"In this age of climate change, the accent has to be on growing green cover trees. When there are several grown trees, it would not be a wise thing to cut them down for the sake of constructing a building."

Justice GR Swaminathan of the Madurai bench was hearing a petition by Anna Yesudhas challenging the decision of Kanyakumari District Authorities to cut down trees for facilitating the construction of a new Panchayat building.

The court noted that the petitioner had sent a representation to the Kanyakumari District Collector signed by a number of local residents and had elicited a response from the Revenue Divisional Officer. The RDO had called upon the jurisdictional Block Development Officer as well as the Tahsildar to submit a representation. The Tamil Nadu Pollution Control Board was also called to submit a report.

The court noted that since the authorities were already seized of the matter and no adverse decision had been taken, it was not appropriate for the court to interfere at such a stage. 

The court thus directed the District Collector to take a call on the matter and communicate the decision taken to the petitioner before embarking on the construction of the Panchayat building

Case Title: E Anna Yesudhas v The District Collector

Citation: 2023 LiveLaw (Mad) 154

Counsel for the Petitioner: Mr.M.Pandiarajan

Counsel for the Respondent: Mr.G.Suriyananth, Additional Government Pleader.