M.Senthil v. The District Collector/Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)Nos.22752 of 2024, 828 & 830 of 2025 M.Senthil ... Petitioner Vs.

1.The District Collector Monitoring Committee, Pudukkottai, 2.The Revenue Divisional Officer, Illuppur Revenue Divisional Officer, Illuppur, 3.The Block Development Officer, Panchayat Union Office, Viralimalai, 4.The Tahsildar, Viralimalai, 1/4

5.The President, Kathalur Village Panchayat, Viralimalai Taluk, 6.R.Elumalai 7.Pichai Naicker @ Subbaiah ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the first respondent to direct the second respondent by removing the encroachments and protecting the Water catchments, public water pond Dharma Oorani in Survey No.87 of Akkalnayakkanpatty Village, Viralimalai Taluk, Pudukkottai District, based on the petitioner's representation dated 14.06.2024 within stipulated time limit as fixed by this Court.

For Petitioner : Mr.N.Palaniyandi For Respondents : Mr.G.V.Vairam Santhosh Special Government Pleader for R.1 to R.5

ORDER

Heard both sides.

2.The petitioner alleges that a temple is being constructed in the petition mentioned water body. We granted an order of interim injunction on 15.11.2024. To vacate the same, W.M.P(MD)No.828 of 2025 has been filed. 2/4

3.The allegation made in the vacate stay petition is that the petitioner had earlier collected funds from the local villagers to put up construction in the petition mentioned temple. Later, allegations were made against the petitioner and that led to the formation of two factions. In this background, the present writ petition has been filed.

4.We have been consistently holding that a person who approaches the Court for filing Public Interest Litigation petition has to come with clean hands. We are satisfied that the petitioner has not approached the Court with clean hands. For this reason, we decline to interfere. 5.This writ petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. [G.R.S., J.] [B.P., J.] 24.01.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector Monitoring Committee, Pudukkottai, 3/4

G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

MGA 2.The Revenue Divisional Officer, Illuppur Revenue Divisional Officer, Illuppur, 3.The Block Development Officer, Panchayat Union Office, Viralimalai, 4.The Tahsildar, Viralimalai, 5.The President, Kathalur Village Panchayat, Viralimalai Taluk, 24.01.2025 4/4