Madras High CourtWP/15889/2017dismissed

Traffic Dr.K.R.Ramaswamy v. State Rep. By The Chief

2018-11-27Honourable Dr Justice Vineet Kothari,Honourable Dr Justice Anita Sumanth4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.11.2018

CORAM

THE HONOURABLE DR.JUSTICE VINEET KOTHARI AND THE HONOURABLE Dr.JUSTICE ANITA SUMANTH W.P.No.15889 of 2017 Traffic Dr.K.R.Ramaswamy ... Petitioner

Versus

State Rep. by

1. The Chief Secretary Government of Tamilnadu Secretariat Chennai-600 009 2 The Home Secretary Secretariat Chennai 600 009 & The Commissioner Vigilance Government of Tamilnadu 3 The Secretary Government of Tamilnadu Housing and Development Department Secretariat Chennai-600 009 4 The District Collector Chennai District Rajaji Salai Chennai-600 001 5 The Director Fire & Rescue Service No.17 Rukmani Lakshmipathy Road Egmore Chennai -600 008 6 The Commissioner of Police Greater Chennai Vepery 7 The Commissioner Corporation of Chennai EVR Salai Chennai-600 003

8 The Member Secretary Chennai Metropolitan Development Authority Gandhi Irwin Road Egmore Chennai-600 008 9 The Additional Commissioner of Police Greater Chennai City Traffic Vepery, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to take proper action as per the representation to the letter and spirit dated 5.5.2017 and 10.5.2017 to take necessary action against the violation buildings, particularly Sree Kumaran Jewellery and Chennai Silk Building throughout Tamilnadu and all other buildings in T.Nagar area at Chennai and to save the public life and real democracy in Tamilnadu which openly ignored by the officials making the public to risk their day today life, letter and spirit. For petitioner : Mr.S.Ganesan For R1 to R6 & R9 : Mr.Jayaprakash Narayanan, Government Pleader For R7 : Mr.K.R.Soundararajan (Co-op).

For R8 : Mr.Karthik Rajan

ORDER

(Order of the court was made by Dr.VINEET KOTHARI, J.) Petitioner, named as Dr.K.R.Ramaswamy, claiming to be a social activist, Chennai, has filed this Public Interest Litigation Writ Petition in this court on 19th June 2017, inter alia, claiming that the buildings constructed by M/s.Sree Kumaran Jewellery and Chennai Silk throughout the State of Tamil Nadu and T.Nagar area at Chennai are in violation of the relevant rules and bye laws and therefore, causing threat to public life and hence, the present writ petition has been filed by him.

2. Having heard the learned counsel for the petitioner in the presence of the petitioner, we are satisfied that the petitioner does not seem to have a locus standi in the present case and without specific details of violations of rules and buildings, etc., he has filed the writ petition with broad and sweeping allegations. Such matters cannot be taken in PIL jurisdiction by the court against the respondent-State and the Municipal Corporation of Chennai.

3. If the private rights of the petitioner are affected, he has the liberty to file a civil suit, duly instituted in a competent civil court. Moreover, the owners and builders of the alleged unauthorised constructions are not arrayed as Respondents in the writ petition.

4. We are, therefore, not inclined to entertain the present writ petition by exercising the extraordinary jurisdiction under Article 226 of the Constitution in the present Public Interest Litigation petition.

5. The writ petition is, accordingly, dismissed. No order as to costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssk.

To:

7 The Commissioner Corporation of Chennai EVR Salai Chennai-600 003 8 The Member Secretary Chennai Metropolitan Development Authority Gandhi Irwin Road Egmore Chennai-600 008 9 The Additional Commissioner of Police Greater Chennai City Traffic Vepery Chennai-600 007 +1 cc to Mr.Karthik Rajan, Advocate Sr.No.81189 W.P.No.15889 of 2017 RK(CO) CSL/18.12.2018