Madras High CourtWP/19829/2020disposed of

Selvamani v. The District Collector

2021-02-02Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.19829 of 2020 Selvamani ..Petitioner -vs1. The District Collector,

2. The Revenue Divisional Officer,

3. The Thasildhar, Uthangarai, 4.Gowrammal 5.Rajeswari 6.Panjalai 7.Chinnapapa 8.Alamelu 9.Bathmini 10.Rani 11.Thavamani 12.Mukkammal 13.Vediyappan 14.Palaniyappan 15.Rajaammal .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the first respondent to consider the petitioner's representation dated 17.2.2020 and cancel the patta granted in favour of the respondent Nos.4 to 15 and evicting them from the water resources area (Kasivu Neer Kuttai) situated between the Kattanoor Survey No.5 and Vennampatti Survey No.11.

For Petitioner : Mr.K.Thiruvengadam For Respondents 1 to 3 : Mr.G.K.Muthukumar Special Government Pleader

ORDER

(Order of the Court was made by Senthilkumar Ramamoorthy, J.) This is one more writ petition pertaining to the alleged encroachment of a waterbody. The petitioner complains that no action was taken pursuant to his representations dated 17.02.2020 and 07.03.2020.

2. By earlier orders, this Court had observed that it is not inclined to exercise discretionary jurisdiction in public interest litigation unless the matter involves significant public interest.

3. Accordingly, without examining the merits of the representations submitted by the petitioner, the official respondents are directed to consider such representations and dispose of the same by a speaking order within a period of eight weeks from the date of receipt of a copy of this order, after providing a reasonable opportunity to all the affected parties. In the event the writ petitioner is dissatisfied with the decision taken by the official respondents, it is open to the writ petitioner to initiate legal proceedings in accordance with law, otherwise than by a public interest litigation, after establishing his locus standi in this regard.

4. W.P.No.19829 of 2020 is disposed of on the above terms. There will be no order as to costs.

Sd/- Assistant Registrar //True Copy// bbr Sub Assistant Registrar To:

1. The District Collector,

2. The Revenue Divisional Officer,

3. The Thasildhar, Uthangarai, +1cc to the Government Pleader in Sr.543 W.P.No.19829 of 2020 rsi(CO) rv(16/02/2021)