Accent Must Be On Growing Trees In This Age Of Climate Change; Cutting Trees Should Be Last Resort: Madras HC

The Madras High Court, Madurai Bench has held that in this age of climate change, the accent must be on growing green cover trees and that cutting the trees should be the last resort.

A Single Bench of Justice G.R. Swaminathan said, “When the authorities are seized of the matter and no adverse decision has been taken, it may not be appropriate for this Court to interfere at this stage. I am certain that the authorities will consider cutting the trees only as a measure of last resort. The respondents are obviously aware of the importance of green cover. In this age of climate change, the accent has to be on growing green cover trees.”

The Bench further noted that when there are several grown trees, it would not be a wise thing to cut them down for the sake of constructing a building.

Advocate M. Pandiarajan appeared on behalf of the petitioner while Additional Government Pleader G. Suriyananth appeared on behalf of the respondents.

In this case, a writ petition was filed under Article 226 of the Constitution of India seeking the issuance of a writ of mandamus to consider the petitioner's representations. It further sought direction to the respondents to explore alternatives before cutting down 28 green cover trees for the construction of a new building for Thovalai Panchayat Union, Kanyakumari District, for the purpose of preventing soil erosion in the banks of Palayaru River and to safeguard the public from the environmental pollution.

The writ petitioner was a resident of Bhoothapandy. He approached the High Court for forbearing the respondents from cutting the petition-mentioned trees so as to facilitate the construction of a new panchayat building.

The High Court in the above context observed, “The first respondent will take a call in the matter after taking into account all the relevant factors. The petitioner will be informed about the decision taken by the first respondent. He shall be given adequate time to knock the doors of this Court if need be.”

With the above direction, the Court said that the District Collector needs to take a call in such a matter and communicate the same to the petitioner before embarking on the construction of the panchayat building.

Accordingly, the Court disposed of the plea.

Cause Title- E. Anna Yesudhas v. The District Collector & Ors.

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