Madras High CourtWP(MD)/16655/2016dismissed

M.Irulan, S/O.Malaiyandi, v. The District Collector

2016-09-16Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P(MD)No.16655 of 2016 and W.M.P.No.12105 of 2016 M.Irulan .. Petitioner Vs.

1. The District Collector, Ramanathapuram District Ramanathapuram.

2. The Sub Collector Paramakudi, Ramanathapuram District

3. The Commissioner Paramakudi Municipality Paramakudi, Ramanathapuram District

4. The Executive Engineer, PWD, WRO Paramakudi, Ramanathapuram District

5. The Special Commissioner and Commissioner of Land Administration Elilagam, Chepaukkam, Chennai.

6. The Revenue Divisional Officer, Paramakudi, Ramanathapuram District

7. The Tahsildar, Paramakudi Taluk Paramakudi, Ramanathapuram District .. Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondent 1 to 7 to initiate appropriate steps to remove

encroachments on the Ooranis and Kuttais situated at Paramakudi Town in Ramanathapuram District in T.S.Nos. 22/3 in Ward D Block 1; 25/23 in ward D Block 3; 112 in Ward E Block 1; 158 in Ward E Block 1; 165 in Ward E Block 1; 15/15 in ward E Block 5; 74 in Ward F Block 4; 34 in Ward G Block 6; 1 in Ward G Block 17; 1 in Ward G Block 26; 3 in ward G Block 26; 48 in Ward G Block 27; 119 in Ward G, Block 33; 24 in Ward H, Block 18; 107 in Ward H, Block 19; 13/1 in Ward C, Block 3 and 17 in Ward C, Block 4 and restore them with their original capacity in the light of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 within a time frame that may be stipulated by this Court. For Petitioner : Mr.B.S.Meltiue For Respondents : Mr.M.Govindan R1,2,4 to 7 Special Government Pleader

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner has come up with this public interest litigation seeking a direction to the respondents 1 to 7 to remove the encroachments on the Ooranis and Kuttais situated in Paramakudi Town in various Survey Numbers.

2. When this petition came up for hearing on 06.09.2016, when a query was raised to the learned counsel for the petitioner as to whether, who are all the encroachers and why they are not arrayed as respondents, the learned counsel took time.

3. Today, when the matter was filed, the learned counsel for the petitioner would submit that seeking similar prayer, writ petitions have been filed and the same is pending before the learned Single Judge. If that be so, in our considered view, no relief can be granted in this public interest litigation, because the encroachers are not parties to this writ petition and there is no specific averments in the affidavit as to who are all the encroachers and what is the encroachment made and where. For want of these details, we are unable to grant the relief sought for by the petitioner. Accordingly, the writ petition is dismissed. No costs. Consequently connected Miscellaneous Petition is also dismissed.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar