Raj Kumar, v. The Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.06.2015

CORAM

THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE MR. JUSTICE T.S.SIVAGNANAM W.P.No.15734 of 2015 Raj Kumar .. Petitioner vs 1 The Secretary Government of Tamilnadu Revenue Department Secretariat Chennai-9.

2 The District Collector Uthagamandalam Nilgiris District.

3 The District Revenue Officer Uthagamandalam Nilgiris District.

4 The Tahsildar Tahsildar Office Coonor Nilgiris District.

5 The Tahsildar Tahsildar Office Gudalur Nilgiris District. 6 The Tahsildar Tahsildar Office Pandalur Nilgiris 7 The Tahsildar Tahsildar Office Uthagamandalam Nilgiris 8 The Tahsildar Tahsildar Office Kothagiri Nilgiris District. 9 The Secretary Labour Welfare Department Thenampettai Chennai-18.

10 Deputy Commissioner of Labour Deputy Commissioner of Labour Office Coonoor-1 Nilgiris District.

11 Manjushree Plantation (P) Ltd.

Rep. by its Managing Director New Hopes (P.

O) Gudalur Taluk Nilgiris District.

12 Hindustan Lever Limited Rep. by its Managing Director Dever Solai(P. O) Gudalur Taluk Nilgiris District.

13 Silver Cloved Tea Plantation Rep. by its Managing Director Melgudalur and Post Gudalur Taluk Nilgiris District.

14 Periyasolai Tea Plantation Rep. by its Managing Director Gudalur Taluk Nilgiris District.

15 Wood Briar Plantation (P) Ltd.

Rep. by its Managing Director Deversolai(P.

O) Gudalur Taluk Nilgiris District.

16 Mahaveer Tea Plantation (P) Ltd. Rep. by its Managing Director Naduvattam (P.O) Gudalur Taluk Nilgiris 17 Parry Agro Plantation (P) Ltd.

Rep. by its Managing Director Pandalur (P.

O) Pandalur Taluk Nilgiris District.

18 Craigmore Plantation India (P) Ltd. Rep. by its Managing Director Kolacombai (P.O) Coonoor Taluk Nilgiris 19 Nonsuch Tea Estate Rep. by its Senior Manager Group Office Non such (P.O) Coonoor Nilgiris.

20 AVT Sutton & Kattery Groups Rep. by its Managing Director Kattery (P.O) Coonoor Taluk Nilgiris District.

21 Coonoor Tea Estate Ltd.

Rep. by its Managing Director Adar Estate Coonoor (PO) Nilgiris District.

22 Bengorm Estate Rep. by its Managing Director Hudical (P.O) Coonoor Taluk Nilgiris District.

23 Stanes Amalaganth Tea Plantation Pvt. Ltd. Rep. by its Managing Director Kotada Estate Kothagiri Taluk Nilgiris District.

24 Kilkotagiri Tea Plantation Pvt. Ltd. Rep. by its Managing Director Kilkotagiri (P.O) Nilgiris District.

25 Kothari (a) Glanworth Tea Plantation (P) Ltd. Rep. by its Managing Director Glendale Estate Katteri (PO) Coonoor Taluk Nilgiris District.

26 Neelamalai Agro Plantation (P) Ltd. Rep. by its Managing Director Devasola Estate Palakula (P.O) Coonoor Taluk Nilgiris District.

27 Singara Tea Estate Rep. by its Senior Manager Coonoor-1 Nilgiris District.

28 Terramiah Tea Plantation Rep. by its Managing Director Thuthurmattam (PO) Coonoor Taluk Nilgiris District.

29 Kolacombai Tea Manufacturing (P) Ltd. Rep. by its Managing Director Kolacombai (PO) Coonoor Taluk Nilgiris 30 B.B.T.C. Tea Plantation Ltd.

Rep. by its Managing Director Dansandal Estate Udhagamandalam Nilgiris District.

31 Kilthattapallam Estates Ltd.

Rep. by its Managing Director Kilthattapallam (PO) Kothagiri Taluk Nilgiris District.

32 The Secretary Tamil Nadu Planters Association No.47 ATT Colony Coimbatore-641018.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents No.1 to 8 to take into their custody the revenue lands in Nilgiris District with an extent of approximately 66000 acres which were trespassed into and occupied by the respondents No.11 to 31 and allot

the said land to the estate labourers who are working for more than 20 years in an equal ratio and also direct the respondents No.9 and 10 to take appropriate legal action against the respondents No.11 to 31 for non-providing of the basic amenities to the labourers as per the Labour Act For Petitioner .. Mr.N.Rajendran For Respondents .. Mr.S.T.S.Moorthy Govt. Pleader for RR 1 to 10 NA .. R11 to R32 * * * * *

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner was an erstwhile worker of respondent no.18 and his services are stated to have been terminated. In such a situation, having angst not only against respondent no.18, he seeks to raise multifarious issues against all the Tea Estates of the area. These issues pertain to enforcement of rights under different statutes of workers employed in the industry and of land being trespassed by the private respondents where cultivation is going on. The only document filed with the petition is the information obtained under the Right to Information Act about the status of certain lands. 2.On hearing the learned counsel for the petitioner, we feel that this petition is more adverting to the personal grievance of the petitioner than being a Public Interest Litigation.

We may, however, hasten to add that there is no doubt that the concerned authorities / respondents 1 to 10, are always liable to look into the enforcement of the labour welfare measures in the area on a case-to-case basis, as also whether there is need to remove any encroachment/trespass into Government land under different Statutes. That being a job of the concerned authorities under different Statutes, they are obliged to do so.

3.We, accordingly, close the writ petition. No costs. Sd/- Assistant Registrar True Copy Sub Assistant Registrar

To 1 The Secretary to Govt., Revenue Department Secretariat Chennai-9.

2 The District Collector Uthagamandalam Nilgiris District.

3 The District Revenue Officer Uthagamandalam Nilgiris District.

4 The Tahsildar Tahsildar Office Coonor Nilgiris District.

5 The Tahsildar Tahsildar Office Gudalur Nilgiris District. 6 The Tahsildar Tahsildar Office Pandalur Nilgiris District. 7 The Tahsildar Tahsildar Office Uthagamandalam Nilgiris District. 8 The Tahsildar Tahsildar Office Kothagiri Nilgiris District. 9 The Secretary Labour Welfare Department Thenampettai Chennai-18. 10 Deputy Commissioner of Labour Deputy Commissioner of Labour Office Coonoor-1 Nilgiris District.

+1 cc to Government Pleader,SR.26667.

Br(co) krd 11/6 W.P.No.15734 of 2015