Cholambedu Village People Welfare Association v. Partha Sarathy Boopathy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.11.2025
CORAM
THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN WMP No. 43678 of 2025 in WP No. 33506 of 2025 Cholambedu Village People Welfare Association Rep. By Its President Mr.N.Deivasigamani, 71 Years, S/o.Natesan, No.10/16 Perumal Kovil Street, Cholambedu, Thirumullaivoyal, Tiruvallur, Tamil Nadu 600062.
Petitioner(s) Vs 1.Partha sarathy Boopathy 2.The Government of Tamil Nadu Rep. By its Principal Secretary, Department of Revenue and Disaster Management, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai - 600 009.
3.The Commissioner, Avadi City Municipal Corporation, Avadi,
4.The District Collector, Thiruvallur District, Collectorate, Thiruvallur - 602 001.
5.The Tashildar, Avadi Taluk Office, Avadi, 6.The Revenue Inspector, Avadi Zone, Avadi, Chennai - 600 054.
7.P.Nemara Respondent(s) For Petitioner(s):
Mr.S.N.Ravikumar For Respondent(s):
Mrs.R.Sripriya for R1 (through VC) Mr.T.K.Saravanan Additional Government Pleader for R2, 4 to 6 Mr.RA.Gopinath Standing Counsel for R3
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Heard on the application filed by Cholambedu Village People Welfare Association seeking intervention.
2.
Learned counsel for the proposed applicant would submit that in the writ petition serious allegations have been made against one Cholambedu Mani as land grabber and habitual encroacher. It is submitted that the name mentioned in the petition is the nick name of the President of Cholambedu Village People Welfare Association and, therefore, the application had to be filed to seek intervention, because the association is legally interested in the outcome of the case.
3.
Intervention can be allowed only when the petitioner is able to prima facie show that he is legally interested in the outcome of the litigation. His status before the Court is not equal to a party to the litigation. There is no allegation made in the petition against the Cholambedu Village People Welfare Association. The application seeking impleadment has been filed by an association which is registered under the Societies Registration Act and is a juristic person. In the absence of there being any allegation against the association activities and as the allegations are prima facie levelled against the President, in his individual capacity, the association cannot be allowed
to intervene in the case.
4.
The said Cholambedu Mani, against whom there are allegations of he being a land grabber and habitual encroacher, may seek intervention in his individual capacity, but certainly not in the name of the association.
5.
The application seeking intervention is, therefore, misconceived and is accordingly rejected. This order shall not come in the way of Cholambedu Mani to seek intervention in the present petition.
6.
W.M.P.No. 43678 of 2025 is dismissed.
(MANINDRA MOHAN SHRIVASTAVA,CJ) (G.ARUL MURUGAN,J) 04.11.2025 ssm
To 1.The Principal Secretary, Department of Revenue and Disaster Management, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai - 600 009.
2.The Commissioner, Avadi City Municipal Corporation, Avadi, Chennai - 600 054.
3.The District Collector, Thiruvallur District, Collectorate, Thiruvallur - 602 001.
4.The Tashildar, Avadi Taluk Office, Avadi, 5.The Revenue Inspector, Avadi Zone, Avadi, Chennai - 600 054.
THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.
ssm WMP No. 43678 of 2025 in WP No.
33506 of 2025 04.11.2025