D.Silambarasan v. The Disitrict Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 16.4.2015 Coram :
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.11090 of 2015 D.Silambarasan .. Petitioner vs.
1. The District Collector Krishnagiri District, Kirshnagiri
2. The Tahsildar, Hosur Taluk Krishnagiri District .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the 1st respondent to consider the representation dated 16.12.2014 made by the petitioner regarding forthwith removal of unauthorised encroachment in S.No.520 in Moranapatti Panchayat, Soolagiri Panchayat Union, Hosur Taluk, Krishnagiri District of an extent of about 10 acres and is classified as "Government Anadhinam Poramboke" land.
For Petitioner : Mr.R.Thamaraiselvan For Respondents : Mr.S.T.S.Murthy Government Pleader
ORDER
(Order of the Court was made by T.S.SIVAGNANAM, J.) Heard Mr.R.Thamaraiselvan, learned counsel for the petitioner. Mr.S.T.S.Moorthy, learned Government Pleader accepts notice for the respondents.
2. This writ petition, designed as Public Interest Litigation, has been filed with a prayer to direct the first respondent to consider the representation dated 16.12.2014 made by the petitioner with regard to the removal of unauthorised encroachment in S.No.520 in Moranapatti Panchayat, Soolagiri Panchayat Union, Hosur Taluk, Krishnagiri District.
3.
The petitioner is a Press Reporter. It is stated that the land in S.No.520 in Moranapatti Panchayat, Soolagiri Panchayat Union, Hosur Taluk, Krishnagiri District, is classified as "Government Anadhinam Poramboke" in the revenue records and some anti-social https://hcservices.ecourts.gov.in/hcservices/
elements have encroached and put up huts in the said lands. In this regard, the petitioner made a representation dated 16.12.2014 to the respondents requesting them to remove the encroachment. Since the said representation has not been considered, the petitioner is before this Court.
4. We have perused the representation dated 16.12.2014 as well as the averments made in the affidavit filed in support of the writ petition. We have to mention that the representation is bereft of particulars and vague.
The petitioner alleges that certain antisocial elements have encroached into Government Poromboke lands. The names of those alleged encroachers and the location of the alleged encroachment etc., have not been disclosed. The petitioner, being a Press Reporter, obviously, should exercise more caution before approaching this Court by way of Public Interest Litigation and it is incumbent upon him to procure material evidence and thereafter, approach this Court. Since the representation made by the petitioner is bereft of particulars, the relief sought for cannot be granted and deserves to be rejected.
Accordingly, the writ petition is dismissed. No costs. However, this will not prevent the petitioner from approaching the authorities by way of fresh representation giving full details. Sd/- Assistant Registrar True Copy Sub Assistant Registrar To
1. The District Collector Salem District, Salem.
2. The Tahsildar, Hosur Taluk Krishnagiri District +1 cc to Mr.R.Thamarai Selvan, Advocate,SR.20784 +1 cc to the Government Pleader,SR.21067.
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