R.Thiyagarajan v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.02.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.3986 of 2021 R.Thiyagarajan ...

petitioner Vs 1 The State of Tamil Nadu Rep by its Secretary to Government Revenue Department Fort St. George Chennai 9 2 The Principle Secretary to Government Tamilnadu Secretariat St.George Fort Chennai 9 3 The District Collector Thiruvallur District 4 The Director DTCP H.O Chennai 2 5 The Assistant Director DTCP Thiruvallur Zone Thiruvallur 602 001 6 The Thasildhar Thiruvallur 602 001 7 The Sub Registrar Sub Registrar Office (SRO) Arani 601 101 8 The Managing Directors M/s.Siruvapuri Murugan Industrial and Logistics LLP New No.7 Old NO.4 47th Street Ashok Nagar Chennai 83 ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 2 to 7 respondents to pass an orders on the representation of the petitioner dated 22.11.2019 and further direct the respondents to impose the permanent ban on the illegal Industrial

Constructions of the 8th respondent in alleged agri lands situated at Agaram and Sethupakkam Villages Thiruvallur Taluk and District Tamil Nadu.

For petitioner ::

Mr.R.Thiyagarajan, Party-in-person For respondents :: Mr.V.Jayaprakash Narayanan State Government Pleader

ORDER

(made by SENTHILKUMAR RAMAMOORTHY, J.) The petitioner complains that the eighth respondent is making illegal constructions in the agricultural lands at Agaram and Sethupakkam Villages, Thiruvallur Taluk, thereby altering the land usage. He further states that a representation dated 22.11.2019 was issued in this connection by the petitioner but that no action was taken.

2. In several matters of this nature, this court had observed that it is not inclined to exercise discretionary jurisdiction in public interest litigation unless the matter has a significant impact on the larger public interest.

3. Accordingly, without examining the merits or tenability of the petitioner's representation, the fourth respondent herein is directed to consider such representation and dispose of the same by a speaking order after providing a reasonable opportunity to all affected parties, including the eighth respondent. Such speaking order shall be issued within a period of six weeks from the date of receipt of a copy of this order. In the event the petitioner is aggrieved thereby, it is open to the petitioner to pursue legal remedies, otherwise than by way of a public interest litigation, after establishing his locus standi.

4. W.P.No.3986 of 2021 is disposed of. There will be no order as to costs.

Sd/- Asst.Registrar (CS VII) /true copy/ Sub Asst. Registrar tar

To:

1 The Secretary to Government Revenue Department Fort St. George Chennai 9 2 The Principle Secretary to Government Tamilnadu Secretariat St.George Fort Chennai 9 3 The District Collector Thiruvallur District 4 The Director DTCP H.O Chennai 2 5 The Assistant Director DTCP Thiruvallur Zone Thiruvallur 602 001 6 The Thasildhar Thiruvallur 602 001 7 The Sub Registrar Sub Registrar Office (SRO) Arani 601 101 +1CC to Mr.R.Thiyagarajan P-I-P Advocate, SR No. 11459. +1CC to The Government Pleader, SR No. 11592. W.P.No.3986 of 2021 SV(CO) NRA(08/03/2021)