Silambarasan, v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.08.2023

CORAM:

THE HON'BLE MR. JUSTICE S. VAIDYANATHAN and THE HON'BLE MR. JUSTICE K. RAJASEKAR Silambarasan Petitioner v The State of Tamil Nadu represented by the Chief Secretary Secretariat Chennai The District Collector The District Registrar, Krishnagiri No.1, Thiruvannamalai Road Krishnagiri 635 001 The Tahsildar Hosur Taluk The Member Secretary Hosur New Town Development Authority Nethaji Nagar Anna Nagar Hosur Krishnagiri District 635 109 The Municipal Commissioner Krishnagiri Municipality 1/4

Dollars Colony Developers represented by its Proprietor Arogiyaraj S/o Sandanampillai No.422, SIPCOT Phase II Bangalore Road Hosur The Commissioner Hosur Municipality Respondents (R8 suo motu impleaded by this Court as per order dated 06.08.2018 in W.P. No.20215 of 2018) Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the second respondent to dispose of the petitioner's representation dated 26.04.2018.

For petitioner Mr. T. Elumalai For RR 1 to 6 Mr. A.Selvendran Special Government Pleader For R7 Mr. G.M. Anantha Kumar

ORDER

This writ petition, in the form of public interest litigation, has been filed seeking a writ of mandamus directing the second respondent to consider and pass orders on the petitioner's representation dated 26.04.2018. According to the petitioner, the seventh respondent, who is a builder, is attempting to sell the plot in S.F. Nos.695/2E2, 696/1B, 697/2A2, 2B, 700/2A, 2/4

2B1, 2B2, 2C, 2D, 712/1, 2,3,4,5, 713/12 and 777/2 in Onnalvadi Village, Hosur Taluk.

The seventh respondent and the Government have produced "A" register to show the all the survey numbers mentioned by the petitioner in paragraph 3 of the affidavit, as stated supra, are patta lands. At that stage, the learned counsel for the petitioner drew the attention of this Court to page no.4 of the "A" register and contended that the burial ground has been encroached.

To be noted, the burial ground is in S.No.711/2 and 3 and that is not the subject matter of this writ petition. By means of an innocuous prayer, the petitioner wants this Court to conduct a roving enquiry, which is not permissible. In view of the foregoing, this writ petition is dismissed as being devoid of merits, with costs quantified at Rs.25,000/- payable by the petitioner in the form of cheque drawn in favour of "Shri Ghosala Seva Trust", which is to be handed over at No.4, Appavu Gramani III Street, R.A. Puram, Chennai 600 028 (near Suresh Super Market, Opp. B.S.N.L. Telephone Exchange) to one Ms. Usha (Mobile No.63801 15822).

(S.V.N., J.) (K.R.S., J.) 01.08.2023 cad 3/4

S. VAIDYANATHAN, J.

and K. RAJASEKAR, J.

cad To The Chief Secretary Government of Tamil Nadu Secretariat, Fort St. George Chennai 600 009 The District Collector The District Registrar Krishnagiri No.1, Thiruvannamalai Road Krishnagiri 635 001 The Tahsildar Hosur Taluk, Krishnagiri District The Member Secretary Hosur New Town Development Authority Nethaji Nagar Anna Nagar Hosur, Krishnagiri District 635 109 The Municipal Commissioner Krishnagiri Municipality The Commissioner Hosur Municipality 01.08.2023 4/4