K.Jeevarathinam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.17029 of 2020 K.Jeevarathinam .. Petitioner -vs1.The District Collector, Chenglepet.

2.The Thasildar, Vandaloor Circle, Vandaloor, Chenglepet District.

3.The Executive Officer, Nandivaram Guduvancherry Town Panchayat, Guduvancherry.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents to remove the illegal encroachment of the canal and restore the same.

For Petitioner : Mr.J.Jayakumaran.

For Respondents : Mr V.Jayaprakash Narayanan State Government Pleader.

ORDER

(Made by Senthilkumar Ramamoorthy, J.) This is another writ petition pertaining to an alleged encroachment of a canal. In several earlier writ petitions of this nature, this Court observed that it is not inclined to entertain public interest litigation in respect of issues that do not have a substantial impact on general public interest. https://hcservices.ecourts.gov.in/hcservices/

2. Accordingly, without examining the merits or tenability of the representations made by the petitioner, the respondents 2 and 3 are directed to consider and dispose of the representations of the petitioner by a speaking order within four weeks from the date of receipt of a copy of this order. In the event that the petitioner is aggrieved by the decision taken by the respondents 2 and 3, it is open to the petitioner to pursue his remedies in accordance with law, otherwise than by a public interest litigation, after establishing his locus standi. The petitioner is also at liberty to pursue his remedies in accordance with G.O.Ms.No.540, Revenue [LD6(2)] Department, dated December 4, 2014.

3. W.P.No.17029 of 2020 is disposed of on the above terms, without any order as to costs. Consequently, W.M.P.No.24679 of 2020 is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar bbr To:

1.The District Collector, Chenglepet.

2.The Thasildar, Vandaloor Circle, Vandaloor, Chenglepet District.

3.The Executive Officer, Nandivaram Guduvancherry Town Panchayat, Guduvancherry.

+1cc to Mr.V.Jayaprakash Narayanan, Advocate, S.R.No.4888. +1cc to the Government Pleader, S.R.No. 4850. W.P.No.17029 of 2020 SV(CO) NRA(22/02/2021) https://hcservices.ecourts.gov.in/hcservices/