D.Kasthuri Dasarathan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.10.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY D.Kasthuri Dasarathan ..

Petitioner Vs.

1. The Commissioner Maraimalai Nagar Municipality Chengalpattu District Pin - 603 209.

2. The Tahsildhar Tahsildhar Office Complex VOC Nagar, Ammanambakkam Chengalpattu District Pin - 603 001.

3. R.Baskar

4. R.Jeejendran ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the first respondent to consider and pass necessary and needful orders on the representation made by the petitioner to the first respondent dated 19.06.2023 and in accordance with law.

For the Petitioner : Mr.S.Anburaja For the Respondents : Mr.P.Srinivas for R1 Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Special Government Pleader for R2

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.S.Anburaja, learned counsel for the petitioner, Mr.P.Srinivas, learned counsel for the first respondent and Mr.P.Muthukumar, learned State Government Pleader assisted by Mrs.R.Anitha, learned Special Government Pleader for the second respondent.

2. The present petition is filed in the nature of a public interest litigation, alleging that respondents 3 and 4 have encroached upon the public road and the road is being blocked.

3. There is no document placed on record to substantiate the contention that a public road exist in the subject land. The

development plan, the layout nor the revenue records are placed on record to substantiate the case.

4. Learned State Government Pleader submits that the petitioner is referring to a Panchayat road and the allegation of the petitioner is that the respondents 3 and 4 have laid down a Panchayat road.

5. We do not find any public interest in the petition. The concerned Panchayat would be affected if an encroachment is made on the public land/road. It is for the Panchayat concerned to consider the said aspect on its own merits.

6. With these observations, the writ petition stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 03.10.2023 Index :

Yes/No :

Yes/No

drm To

1. The Commissioner Maraimalai Nagar Municipality Chengalpattu District Pin - 603 209.

2. The Tahsildhar Tahsildhar Office Complex VOC Nagar, Ammanambakkam Chengalpattu District Pin - 603 001.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 03.10.2023