S.Najeebdeen v. The Principal Secretary To
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 14.08.2018 CORAM :
THE HONOURABLE MR.JUSTICE T.RAJA And THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P(MD)No.17947 of 2018 and WMP(MD)No.15825 of 2018 S.Najeebdeen ... Petitioner vs.
1. The Principal Secretary to Government, Municipal Administration and Water Supply Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.
2. The District Collector, Dindigul District, Dindigul.
3. The Member Secretary/Commissioner, Kodaikanal Local Planning Authority, Kodaikanal Municipality, Kodaikanal.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondents to remove the lock and seal put up by the 3rd respondent in petitioner's shop within the Indian Club Premises, situated in Old Survey Number 382/AC2 correlated to New Survey in Ward - D, Blcok - 1, T.S.No.5 of Kodaikanal Town owned by the Indian Club, Kodaikanal and to conduct the enquiry on petitioner's representation, dated 27.07.2018.
For Petitioner : Mr.L.Sam Jegan For R1 & R2 : Mr.V.R.Shanmuganathan Special Government Pleader For R3 : Mr.T.S.Mohammed Mohideen * * *
ORDER
(Order of the Court was made by T.RAJA, J.) This writ petition has been filed seeking writ of Mandamus directing the respondents to remove the lock and seal put up by the 3rd respondent in petitioner's shop within the Indian Club Premises, situated in Old Survey Number 382/AC2 correlated to New
Survey in Ward - D, Blcok - 1, T.S.No.5 of Kodaikanal Town owned by the Indian Club, Kodaikanal.
2.The learned counsel for the petitioner submitted that the petitioner is a permanent resident of Kodaikanal and carrying business of Foam products, manufacturers and stockist for Foam,mattress, Cushions, Sofa Sets, Pillows and Carpet. He is also a wholesale dealer for the aforesaid products. While he is running the said business in the name and style of Essar Decorators at Indian Club Premises, P.T.Road, Kodaikanal, he has put up a shop structures by using wood and tin sheets. But he has not put up any kind of a building construction in the vacant land. The Tamil Nadu Electricity Board has provided Electricity service connection in his name and he has been paying the electricity charges regularly. This apart, he is also paying the provisional tax to the Kodaikanal Municipality and also Commercial Tax Department, under the GST No.
33ANSPN2564K2ZH. As it is causing no inconvenience or a public nuisance, it cannot be construed as unauthorised construction. Therefore, the third respondent cannot hesitate to come forward to remove the lock and seal of the construction put up by the petitioner.
3.The learned counsel appearing for the third respondent objecting the above prayer submitted that the petitioner has no locus standi to come to this Court, as he is only a tenant, not even owner of the house in question, where the third respondent identifying the petitioner's encroachment, as unlawful encroachment, had already locked and sealed the said premises. He has further objected that when the landlord is kept quiet accepting the action taken by the third respondent, the petitioner who claims to be the tenant under the landlord, has no legal right to file this writ petition. He has also submitted that when the third respondent has already locked and sealed the premises in question, the petitioner, without getting any permission or making any representation whatsoever, has unauthorisedly unsealed the premises.
4.Having fully agreed with the submissions made by the learned counsel appearing for the third respondent, we are not inclined to entertain this writ petition. First of all, the petitioner has no locus standi to come to this Court, as he is neither the pattadar nor obtained any permission to put up even Tin sheets in the building in question. Therefore, the writ petition being bereft of any merits, is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar(CS-I)
To
1. The Principal Secretary to Government, Municipal Administration and Water Supply Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.
2. The District Collector, Dindigul District, Dindigul.
3. The Member Secretary/Commissioner, Kodaikanal Local Planning Authority, Kodaikanal Municipality, Kodaikanal.
+1cc to Mr.T.S.Mohammed Mohideen, Advocate Sr.No.78604 +1cc to Spl.Government Pleader Sr.No.78931 RJ2 VB/KAK/SAR1/31.08.2018/3P/6C Order made in W.P(MD)No.17947 of 2018 14.08.2018