T.Tamilamudhan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.07.2022 CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE N.MALA W.P.No.12716 of 2022 T.Tamilamudhan ..
Petitioner Vs.
1. The District Collector Kancheepuram District.
2. The Revenue Divisional Officer Sriperumbudur Kancheepuram District.
3. The Assistant Commissioner HR & CE Department Aadhanur.
4. The Village Administrative Officer Aadhanur Town Panchayat Aadhanur.
5. The Inspector of Police Manimangalam Police Station Aadhanur Town Panchayat Kancheepuram District.
6. S.Sai @ Gopalraj
7. Purusothaman
8. Nirmal Kumar
9. Samim 10.Vasantha 11.Abdul Razhak ..
Respondents [R6 to R11 impleaded vide order dated 01.07.2022 in WMP No.16101 of 2022] Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents 1 and 2 to identify the list of encroachers specified in the petitioner's representation dated 17.11.2021 and 24.01.2022 and to pass appropriate orders directing removal of such encroachment if any, by following due process of law and report the same before this Court within a time frame to be fixed by this Court. For the Petitioner : Mrs.Subhashini For Chennai Law Associates For the Respondents : Mr.J.Ravindran Additional Advocate General Assisted by Mr.A.Selvendran Special Government Pleader for Respondents 1 to 5
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) The writ petition has been filed by the President of Panchayat seeking a direction to remove the encroachments, for which, the process was initiated by the petitioner himself. It is for the reason that the President of Panchayat is competent to remove the encroachments and knowing it well, the process was started by him. But for the reasons best known to the petitioner, the writ petition was filed to seek a direction on the first and second respondents to identify the list of encroachers and to pass appropriate orders for removal of the encroachments.
2. Learned Additional Advocate General submits that when the President, namely, the petitioner himself is competent to remove the encroachments and also initiated action for the same, filing of the writ petition cannot be said to be bona fide.
3. It may be for the reason that against the action initiated by the petitioner, a serious complaint has been made against him and cognizance of the aforesaid has been taken. Thus to get rid of it, the writ petition has been filed to take an order from the Court to remove the encroachment. The petitioner, being the competent officer, could not explain what prevented him to proceed further in reference to the notice caused by him on the encroachments.
4. Taking into consideration the facts of this case, the petitioner cannot be considered to be bona fide and accordingly, the writ petition is dismissed. There will be no order as to costs. Consequently, WMP Nos.16101 and 12177 of 2022 are also dismissed.
(M.N.B., CJ.) (N.M., J.) 01.07.2022 Index : Yes/No kpl
To:
1. The District Collector Kancheepuram District.
2. The Revenue Divisional Officer Sriperumbudur Kancheepuram District.
3. The Assistant Commissioner HR & CE Department Aadhanur.
4. The Village Administrative Officer Aadhanur Town Panchayat Aadhanur.
5. The Inspector of Police Manimangalam Police Station Aadhanur Town Panchayat Kancheepuram District.
M.N.BHANDARI, CJ AND N.MALA,J.
(kpl) 01.07.2022