Dismissed

A.P.Asmath Ali v. The Government of Tamilnadu

Madras HC3 Sept 2014WP/23856/2014

Case brief

AI extract

What is this about?

The petitioner, claiming to be a District Chief Organizer of an NGO, filed a PIL seeking a writ to mandate construction inspection by an NGO. The court dismissed the petition, ordered better regulation of PILs to prevent private interests, and directed government authorities to conduct inspections.

What did the court decide?

The writ petition was dismissed with no costs, though directions were given for the regulation of PILs.

A.P.Asmath Ali Vs The Government of Tamilnadu — Labour and Industrial Disputes | Madras HC (2014)

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In the High Court of Judicature at Madras

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Dated: 03.09.2014

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Coram:

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The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice and

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The Honourable Mr. Justice M.SATHYANARAYANAN

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Writ Petition No.23856 of 2014

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A.P. Asmath Ali .. Petitioner
vs.
1. The Government of Tamil Nadu
rep. by the District Collector
Kunoor, Nilgiris District.
2. The Director
Municipality and Administrative Officer
Chennai.
3. The Revenue Divisional Officer
Kunoor, Nilgiris District.
4. The Municipality Commissioner
Kunoor, Nilgiris District.
5. The Municipality Engineer
Kunoor Municipality
Kunoor, Nilgiris District. .. Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to inspect parking construction with help of NGO and file final report before this Court.

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For Petitioner : Mr. S. Baskar For Respondents: Mr. S.T.S.Moorthy Govt. Pleader.

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https://hcservices.ecourts.gov.in/hcservices/

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O R D E R

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(Made by The Hon'ble The Chief Justice)

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The petitioner has filed the present writ petition as a 'public interest litigation' claiming to be the District Chief Organizer and State Executive Member, National People Protection Movement and National Consumer and People Rights Movement. The petitioner, claiming to be in the interest of the people of Nilgiris Municipality, makes a grievance about the construction of bus stand vehicle parking.

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We are faced with a number of public interest litigations every day, where there is really no disclosure as to how the petitioner earns his bread and butter and what is his source of livelihood. We are, thus, of the view that the Rules to Regulate the Public Interest Litigations filed under Article 226 of the Constitution of India, need to be amended in order to specifically curtail 'private interest litigation' filed under the garb of 'public interest litigation'. We, accordingly, direct the Registrar General to take appropriate action.

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Insofar as the present facts are concerned, we see no reason as to why the so called NGOs should have a role to play in inspection of the parking construction, as has been claimed now in the present petition. At the same time, we expect the Government authorities concerned to ensure that the quality of construction is as per the norms of the contract, for which, they are expected to take action by carrying out periodical inspections. Learned Government Pleader assures that the needful will be done, if not so far done.

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We, thus, dismiss the writ petition with the aforesaid observations. No costs. Sd/Assistant Registrar(CS-IV) Dated: 11.09.2014

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//True Copy//

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Sub Assistant Registrar

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The District Collector Government of Tamil Nadu Kunoor, Nilgiris District.

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The Director Municipality and Administrative Officer Chennai.

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https://hcservices.ecourts.gov.in/hcservices/

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The Revenue Divisional Officer Kunoor, Nilgiris District.

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The Municipality Commissioner Kunoor, Nilgiris District.

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The Municipality Engineer Kunoor Municipality Kunoor, Nilgiris District.

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Copy to

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The Registrar General, High Court, Madras.

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2 CC to Mr. S. Baskar, Advocate SR.No.41069
1 CC to the Government Pleader, SR.No.41273
W.P. No. 23856 of 2014
UG(CO)
JJM (11.09.2014)

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https://hcservices.ecourts.gov.in/hcservices/

A.P.Asmath Ali v. The Government of Tamilnadu

Case brief

What is this about?

What did the court decide?

A.P.Asmath Ali v. The Government of Tamilnadu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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