T.R.Dhamodharan, v. The District Colector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.07.2017
CORAM
The HON'BLE MS.INDIRA BANERJEE, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.SUNDAR W.P.No.18112 of 2017 T.R.Dhamodharan .. Petitioner vs.
1.The District Collector, District Collector Office, Thiruvallur District, Thiruvallur.
2.The Tahsildhar, District Taluk Office, Ponneri, Thiruvallur District.
3.The Panchayat President, Karanodai Town Panchayat Office, Karanodai, Chennai - 600 067, Thiruvallur District.
4.The Village Administrative Officer, Karanodai Town Panchayat Office, Karanodai, Chennai - 600 067.
5.B.Prakash Kumar 6.Bharath Kumar 7.National Highways Authority, 88, 8th Floor, Annex Building, SPIC House, Mount Road, Guindy, Chennai.
.. Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the 1 to 5 respondents to consider the petitioner representation dated 25.07.2016 and take suitable action with the time stipulated by this Hon'ble Court.
For Petitioner : Mr.A.Sasikumar For Respondents : Mr.M.K.Subramanian Government Pleader for respondents 1 to 4 Mr.Jerry V.V.Sundar for M/s.P.Wilson Associates for respondent No.7
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) This writ petition has been filed seeking a writ of mandamus directing respondent Nos.1 to 5 to consider the representation of the petitioner dated 25th July, 2016 and take suitable action thereon within the time stipulated by this Court.
2. In the representation dated 25th July, 2016, the petitioner has sought action against "eviction of a building of the National Highways Authority of India (NHAI)". What the petitioner probably means is action to stop the demolition and/or removal of the building, for a building cannot possibly be evicted. Moreover, whether any building of the National Highways Authority of India is necessary; whether it should remain or be removed; and/or whether it is causing obstruction to the traffic, are the matters for the National Highways Authority of India to decide.
3. From the averments in the writ petition, it is patently clear that there are private disputes between the petitioner and the private respondents impleaded in the writ petition being respondent Nos.5 & 6. The writ petition is patently not in public interest, but has been filed with ulterior intent, having regard to the disputes with the private respondents.
4. The writ petition is dismissed. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar bbr
To:
1.The District Collector, District Collector Office, Thiruvallur District, Thiruvallur.
2.The Tahsildhar, District Taluk Office, Ponneri, Thiruvallur District.
3.The Panchayat President, Karanodai Town Panchayat Office, Karanodai, Chennai - 600 067, Thiruvallur District.
4.The Village Administrative Officer, Karanodai Town Panchayat Office, Karanodai, Chennai - 600 067.
5.National Highways Authority, 88, 8th Floor, Annex Building, SPIC House, Mount Road, Guindy, Chennai.
+1cc to Mr.R.Arun Kumar, Advocate SR.No.51889 +1cc to the Government Pleader SR.No.52549 W.P.No.18112 of 2017 SR(CO) GN(03/08/2017)