M.Mahadevan v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.08.2024 CORAM :
THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI M.Mahadevan .. Petitioner Vs 1.The State of Tamilnadu, rep. by its Secretary to Government, Department of Revenue, Fort St. George, Chennai-600 009.
2.The District Collector, Vellore Collectorate Office, Vellore District.
3.The Revenue Divisional Officer, Vellore District, Vellore.
4.The Block Development Officer, Anaicut Taluk, Vellore District.
5.The Tahsidlar, Anaicut, Vellore-632 001.
6.The President, Village Panchayat, Ediyarpalaiyam, Brahmanamangalam, Anaicut Taluk, Vellore District.
.. Respondents
Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 5 to take necessary legal action on a war foot basis against the unlawful pond excavation work carried out by the sixth respondent under Mahatma Gandhi National Rural Employment Guarantee Act 100 days scheme in Survey No.86/2, to the extent of Hectares 2.82.5 Ares situated at Ediyar Palayam Village, Anaicut Taluk, Vellore District in the interest of safeguarding the lives of school children and public. For the Petitioner : Mr.B.Karthikeyan For Respondents : Mr.M.Habeeb Rahman Government Advocate for respondents 1 to 6
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) The petitioner has filed this writ petition, styled as public interest litigation, seeking issuance of a writ of mandamus commanding respondents 1 to 5 to take necessary legal action on a war footing against the unlawful pond excavation work carried out by the sixth respondent under Mahatma Gandhi National Rural Employment Guarantee Act 100 days scheme in Survey No.86/2, to
an extent of Hectares 2.82.5 Ares situated at Ediyar Palayam Village, Anaicut Taluk, Vellore District, to safeguard the lives of school children and the public at large.
2. The gravamen of the case of the petitioner is that the respondent authorities are creating a new pond in the land classified as "Meikkal Poramboke" and the same is not permissible in law.
3. Refuting the aforesaid contention, learned Government Advocate appearing on behalf of the respondents submits that the respondents are empowered to create a pond in the land classified as Meikkal poramboke as per the proceedings dated 25.6.2024 of the Director, Rural Development and Panchayat Raj. A copy of the said proceedings was also produced before this court.
4. In the light of the aforesaid submission made by learned Government Advocate, more particularly considering the proceedings dated 25.6.2024, we are of the firm view that the writ
petition is misconceived. A public interest litigant is bound to ferret out the requisite information to sustain his case. He cannot file a petition on mere surmises and conjectures. When the respondents are empowered to create a pond and are proceeding further in terms of the proceedings dated 25.6.2024 of the Director, Rural Development and Panchayat Raj, the prayer made in the writ petition cannot be countenanced.
The writ petition is dismissed. There shall be no order as to costs. Consequently, W.M.P.No.27940 of 2024 is closed. (D.K.K., ACJ.) (P.B.B, J.) 30.08.2024 Index :
Yes/No NC :
Yes/No sasi
To:
1.The Secretary to Government, State of Tamilnadu, Department of Revenue, Fort St. George, Chennai-600 009.
2.The District Collector, Vellore Collectorate Office, Vellore District.
3.The Revenue Divisional Officer, Vellore District, Vellore.
4.The Block Development Officer, Anaicut Taluk, Vellore District.
5.The Tahsidlar, Anaicut, Vellore-632 001.
6.The President, Village Panchayat, Ediyarpalaiyam, Brahmanamangalam, Anaicut Taluk, Vellore District.
THE HON'BLE ACTING CHIEF JUSTICE AND P.B.BALAJI, J.
(sasi) 30.08.2024