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Madras High CourtWP/12903/2022dismissed

Rajendran v. The District Collector

2022-06-07Honourable The Chief Justice,Honourable Mrs Justice N. Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.06.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE N.MALA W.P.No.12903 of 2022 Rajendran

...Petitioner

Vs.

1. The District Collector Collectorate Thiruvannamalai District.

2. The Revenue Divisional Officer Collectorate Thiruvannamalai District.

3. The Tahsildar Sangam Taluk Thiruvannamalai District.

4. Azhagu Muthu

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents 1 to 3 to remove the encroachment made in the waterbody namely Uchimalai Kuppam Odai, Thiruvannamalai District, by the fourth respondent by considering the representation of the petitioner dated 22.02.2022.

For the Petitioner : Mr.K.Sasindran For the Respondents : Mr.J.Ravindran Additional Advocate General Assisted by Mr.A.Selvendran Special Govt. Pleader for respondents 1 to 3 https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The writ petition has been filed alleging encroachment on Odai. To substantiate the aforesaid allegation, no document has been produced. The petitioner could have submitted the relevant records to show the existence of Odai said to have been encroached. But, there is a total failure on the part of the petitioner to prove that the disputed area of land is Odai.

2. We find that invariably, public interest litigations are filed for causing fishing enquiry. It is without a proper research and submission of documents to substantiate the allegation. The casual approach of filing the public interest litigation without proper research and submission of documents needs to be deprecated.

3. Finding no document to substantiate the allegation of encroachment, the writ petition fails and accordingly, it is dismissed. There will be no order as to costs. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar kpl To:

1. The District Collector Collectorate Thiruvannamalai District.

2. The Revenue Divisional Officer Collectorate, Thiruvannamalai District.

3. The Tahsildar Sangam Taluk, Thiruvannamalai District.

+2cc to the Government Pleader, S.R.No.33092,33134 [20/06/2022] W.P.No.12903 of 2022 PMK(CO) A.SK(10/06/2022) https://hcservices.ecourts.gov.in/hcservices/