Madras High Court Issues Directions For Removal Of Invasive Plant Species 'Seemai Karuvelam', Appoints Two Retired Judges To Oversee

The specially constituted bench of Justice N Sathish Kumar and Justice Bharatha Chakravarthy lamented that even though 11 years had passed since the first order of the court for removing Seemai Karuvelam, no substantial progress had been made. In such a situation, the court said it was left with only two options – either to initiate contempt against the officers or to issue further directions. Since the first option would not yield the desired result of removing the invasive species, the court decided to go ahead with the latter.

“Normally, the Court decides the issue and passes the Orders, and it is left for the executive to comply with the same. In this case, 11 years have gone by after this Court took up the issue, and there has been no substantial progress. There are now only two options available to this Bench. First, to initiate contempt proceedings against the respondents. If a contempt action is invoked, it would only result in punishing all respondents, and that, by itself, will not yield the desired result of removing the invasive species, which is a mammoth task, however, to be completed if there is a will. Therefore, we have no alternative but to take the alternative option. That is, to issue further directions and ensure the compliance of the Orders of this Court, including that of the Hon'ble Full Bench,” the court said.

It is pertinent to note here that a Division Bench of Madurai High Court had instructed the Government back in 2017 to cut down all the trees belonging to this species. Following this, multiple orders were passed for removing the invasive species, including one by a full bench consisting of the then Chief Justice, directing the state to frame a policy/action plan for the removal.

Noting that the state had not been making any progress, the court has now issued detailed and comprehensive directions.

The court has directed that a project titled ”sezhumai karuvoolam” will be undertaken to remove the invasice species and to plant native species in its place. The court directed that the District Collectors would be the central authority for removal and preventing further growth. For this purpose, the court said that the Collectors would be authorised to issue necessary directions to all officials in different departments like Forest, Rural Development and Panchayat Raj, Public Works Department, Water Resource Department, Municipal Administration and local administration department, central government, public sector undertakings, national and state highways and to any other person or authority.

Since the stem of the Seemai Karuvelam plants could be used as firewood for different purposes, the court suggested that lands could be auctioned for removing the species, thus generating a revenue for the government, which could be deposited in a separate bank account for the same.

The court also directed the Secretary to Government, Department of Environment to create a webpage on their website or an exclusive website for the project with the details provided by the Collectors from time to time. The court added that the website should be periodically updated with information on removal, auction of land, quantity removed, number of saplings replanted and the areas declared free of the invasive species.

Among other directions the court also directed setting up of a committee for replanting species consisting of the Conservator of Forests and the Director of Agriculture at the state level. The court directed that for each district, committees can be formed with one official each from the Agriculture and Forest Departments, along with a minimum of two to five experienced agriculturists or green activists involved in sapling plantation programmes.

Counsel for Petitioner: Mr. R. Murali for Mr. R. Senthil Selvan, Ms.B.Asha, Mr.J.M.Hassanulbazari

Counsel for Respondent: Mr. P. Wilson, Senior Counsel Assisted by Dr. T. Seenivasan Special Government Pleader, Mr.S.M.Ananthamurugan, Mr.R.Karthikeyan, Mr.M.Govindan, Mr.Perumbulavil Radhakrishnan, Mr.G.Gomathi Sankar, Mr. V.Chandrasekaran, SPC, Mr.K.H.M.Afzal, Mr.N.R.R.Arun Natarajan Spl.Government Pleader (HR & CE)

Amicus Curiae: Mr.T.Mohan, Senior Counsel, Mr.M.Santhanaraman, Mr.Chevanan Mohan, Mr.Rahul Balaji

Case Title: Vaiko and Others v. The Chief Secretary and Others

Citation: 2026 LiveLaw (Mad) 123

Case No: W.P.(MD)Nos.16485 of 2015 & 14699 of 2015 & W.P.No.3075 of 2017