S.Lakshmi Kumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.02.2021 CORAM :

The Hon'ble Mr.SANJIB BANERJEE, THE CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.14149 of 2020 and W.M.P.Nos.17604 and 17967 of 2020 S.Lakshmi Kumar .. Petitioner -vs1.The District Collector, Collectorate Villupuram, Villupuram District.

2.The Thasildar, Sankarapuram Taluk, Villupuram District.

3.The Block Development Officer, Rishivandhiyam Block, Villupuram District.

4.S.Amudha .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari to call for the records pertaining to the impugned order passed by the 1st respondent bearing Na.Ka.A5/ 18446/2019 dated 11.11.2019 is illegal and quash the same.

For Petitioner : Mr.G.Ranganathan For Respondents : Mr.V.Jayaprakash Narayanan State Government Pleader for RR 1 and 2 : Mr.S.Kamalesh Kannan Government Advocate for R-3 : Mr.C.Mahendran for R-4

ORDER

(Made by Senthilkumar Ramamoorthy, J.) The writ petitioner complains about encroachment of a parcel of public land in Thiruvarangam Village, Sankarapuram Taluk, Villupuram District. He states that a representation was submitted by him in this connection and that eventually the impugned order dated 11.11.2019 was issued and that he is aggrieved by this order.

2. This Court, in the exercise of public interest litigation, cannot exercise jurisdiction as regards the encroachment of every small parcel of public land in the villages, towns and cities of the State. If such approach is permitted, the entire time of this Court would be taken up in addressing such complaints which should be dealt with by the appropriate executive authorities both at the State Government and local authority levels. Consequently, in several cases of this description, this Court has reiterated that it is not inclined to entertain public interest litigation unless the writ petitioner raises an issue that meets a minimum threshold of impacting the larger public interest significantly. Clearly, this case does not meet such minimum threshold.

3. For the aforesaid reason, we are not inclined to entertain this public interest litigation. In the event the writ petitioner is aggrieved by the impugned order, it is open to the writ petitioner to challenge the same in accordance with law by instituting proceedings, otherwise than by way of a public interest litigation, after establishing his locus standi. The writ petition, W.P.No.14149 of 2020, is disposed of on the above terms. There will be no order as to costs. Consequently, W.M.P.Nos.17604 and 17967 of 2020 stand closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

sra To 1.The District Collector, Collectorate Villupuram, Villupuram District.

2.The Thasildar, Sankarapuram Taluk, Villupuram District.

3.The Block Development Officer, Rishivandhiyam Block, Villupuram District.

+1 cc to M/s.G.Ranganathan, Advocate Sr.No. 9324 +1 cc to M/s.C.Mahendran, Advocate Sr.No. 9395 +1 cc to The Government Pleader Sr.No. 9548 W.P.No.14149 of 2020 JP-II(CO) RMP(01/03/2021)