Thamizhaga Vivasayigal Padhugappu Sangam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:11.10.2018
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.26798 of 2018 Thamizhaga Vivasayigal Padhugappu Sangam, Rep. by its President Mr.M.Rajamani, having registered office at No.48, V.I.P. Gardens 2nd street, Vijayapuram Post, Kangeyam Road, Tiruppur.
...Petitioner
-vs1.The District Collector, Salem District.
2.The District Collector, Tiruvannamalai District.
3.The District Collector, Krishnagiri District.
4.The District Collector, Dharmapuri District.
5.The District Collector, Kanchipuram District.
...Respondents
Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondents herein to provide all the relevant Government Orders, Departmental Proceedings and Memos, etc., pertaining to their announcements of the enhanced compensation packages for structures i.e. Wells, Borewells Cattle-sheds, Houses, Buildings and Trees, Crops, etc. for the implementation of Salem-Chennai 8 Way-Green Corridor.
For Petitioner :Mr.K.Myilsamy For Respondents:Mr.C.Thirumaran, Spl.GP ******
ORDER
[Order of the Court was made by T.S.Sivagnanam, J.] Heard Mr.K.Myilsamy, learned counsel appearing for the petitioner.
2. The petitioner Sangam has filed this writ petition designed as Public Interest Litigation wherein they have sought for issuance of a writ of mandamus to direct the respondents to provide all the relevant Government Orders, Departmental Proceedings and Memos, etc., pertaining to their announcements of the enhanced compensation packages for structures i.e. Wells, Borewells Cattle-sheds, Houses, Buildings and Trees, Crops, etc. for the implementation of Salem-Chennai 8 Way-Green Corridor.
3. On a perusal of the affidavit filed in support of the writ petition as well as the prayer, we express a genuine doubt as to whether the petitioner Sangam is supporting the acquisition proceedings or their concern is only for compensation or they have got any grievance in that acquisition proceedings.
4. Learned counsel for the petitioner would submit that the petitioner Sangam is opposing the acquisition proceedings. If that be so, the averment made in the affidavit does not properly support that stand.
5. Further, we may note that that the members of the petitioner Sangam are the residents of Tiruppur and the subject highway does not in any way reach Tiruppur. Therefore, we have serious doubts whether the petitioner Sangam would have any locus-standi to come before this Court.
6. Faced with the above situation, learned counsel for the petitioner seeks permission of this Court to withdraw the writ petition and file a fresh writ petition with some cause of action.
7. In the light of the above, the writ petition is dismissed as withdrawn. Liberty sought for is granted. No Costs. Rkm Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar
To 1.The District Collector, Salem District.
2.The District Collector, Tiruvannamalai District.
3.The District Collector, Krishnagiri District.
4.The District Collector, Dharmapuri District.
5.The District Collector, Kanchipuram District.
+1cc to M/s.Va Vu Si Vazhakagam, Advocate S.R.No.70796 KR/26/10/18 W.P.No.26798 of 2018