Dismissed

Raj Kumar, v. The Secretary

Madras HC4 Jun 2015WP/15734/2015

Case brief

AI extract

What is this about?

The High Court of Madras dismissed a writ petition filed by a former tea estate worker seeking to recover approximately 66,000 acres of government land trespassed by private estates and allot it to long-serving laborers. The court held the petition primarily addressed the personal grief of the petitioner rather than constituting a public interest litigation.

What did the court decide?

The writ petition was closed with no costs awarded to the petitioner.

Raj Kumar, Vs The Secretary — Land Acquisition | Madras HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 04.06.2015

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CORAM

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THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and

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THE HON'BLE MR. JUSTICE T.S.SIVAGNANAM

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W.P.No.15734 of 2015

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Raj Kumar .. Petitioner
vs
1 The Secretary
Government of Tamilnadu Revenue Department
Secretariat Chennai-9.
2 The District Collector
Uthagamandalam Nilgiris District.
3 The District Revenue Officer
Uthagamandalam Nilgiris District.
4 The Tahsildar
Tahsildar Office Coonor Nilgiris District.
5 The Tahsildar
Tahsildar Office Gudalur Nilgiris District.
6 The Tahsildar
Tahsildar Office Pandalur Nilgiris
District.
7 The Tahsildar
Tahsildar Office Uthagamandalam Nilgiris
District.
8 The Tahsildar
Tahsildar Office Kothagiri Nilgiris District.
9 The Secretary
Labour Welfare Department Thenampettai
Chennai-18.
10 Deputy Commissioner of Labour
Deputy Commissioner of Labour Office
Coonoor-1 Nilgiris District.

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

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11	Manjushree Plantation (P) Ltd.
	Rep. by its Managing Director New Hopes (P. O) Gudalur Taluk Nilgiris District.
12	Hindustan Lever Limited Rep. by its Managing Director Dever Solai(P. O) Gudalur Taluk Nilgiris District.
13	Silver Cloved Tea Plantation Rep. by its Managing Director Melgudalur and Post Gudalur Taluk Nilgiris District.
14	Periyasolai Tea Plantation Rep. by its Managing Director Gudalur Taluk Nilgiris District.
15	Wood Briar Plantation (P) Ltd. Rep. by its Managing Director Deversolai(P. O) Gudalur Taluk Nilgiris District.
16	Mahaveer Tea Plantation (P) Ltd. Rep. by its Managing Director Naduvattam (P.O) Gudalur Taluk Nilgiris District.
17	Parry Agro Plantation (P) Ltd. Rep. by its Managing Director Pandalur (P. O) Pandalur Taluk Nilgiris District.
18	Craigmore Plantation India (P) Ltd. Rep. by its Managing Director Kolacombai (P.O) Coonoor Taluk Nilgiris Ditit
19	src. Nonsuch Tea Estate Rep. by its Senior Manager Group Office Non such (P.O) Coonoor Nilgiris.
20	AVT Sutton & Kattery Groups Rep. by its Managing Director Kattery (P.O) Coonoor Taluk Nilgiris District.
21	Coonoor Tea Estate Ltd. Rep. by its Managing Director Adar Estate Coonoor (PO) Nilgiris District.
22	Bengorm Estate
	Rep. by its Managing Director Hudical (P.O)
	Coonoor Taluk Nilgiris District.

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

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23	Stanes Amalaganth Tea
	Plantation Pvt. Ltd. Rep. by its Managing Director Kotada Estate Kothagiri Taluk Nilgiris District.
24	Kilkotagiri Tea Plantation Pvt. Ltd. Rep. by its Managing Director Kilkotagiri (P.O) Nilgiris District.
25	Kothari (a) Glanworth Tea Plantation (P) Ltd. Rep. by its Managing Director Glendale Estate Katteri (PO) Coonoor Taluk Nilgiris District.
26	Neelamalai Agro Plantation (P) Ltd. Rep. by its Managing Director Devasola Estate Palakula (P.O) Coonoor Taluk Nilgiris District.
27	Singara Tea Estate Rep. by its Senior Manager Coonoor-1 Nilgiris District.
28	Terramiah Tea Plantation Rep. by its Managing Director Thuthurmattam (PO) Coonoor Taluk Nilgiris District.
29	Kolacombai Tea Manufacturing
	(P) Ltd. Rep. by its Managing Director Kolacombai (PO) Coonoor Taluk Nilgiris District.
30	B.B.T.C. Tea Plantation Ltd. Rep. by its Managing Director Dansandal Estate Udhagamandalam Nilgiris District.
31	Kilthattapallam Estates Ltd. Rep. by its Managing Director Kilthattapallam (PO) Kothagiri Taluk
32	Nilgiris District. The Secretary Tamil Nadu Planters Association No.47 ATT
	Colony Coimbatore-641018. .. Respondents

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Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents No.1 to 8 to take into their custody the revenue lands in Nilgiris District with an extent of approximately 66000 acres which were trespassed into and occupied by the respondents No.11 to 31 and allot

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

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the said land to the estate labourers who are working for more than 20 years in an equal ratio and also direct the respondents No.9 and 10 to take appropriate legal action against the respondents No.11 to 31 for non-providing of the basic amenities to the labourers as per the Labour Act

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For Petitioner .. Mr.N.Rajendran

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The petitioner was an erstwhile worker of respondent no.18 and his services are stated to have been terminated. In such a situation, having angst not only against respondent no.18, he seeks to raise multifarious issues against all the Tea Estates of the area. These issues pertain to enforcement of rights under different statutes of workers employed in the industry and of land being trespassed by the private respondents where cultivation is going on. The only document filed with the petition is the information obtained under the Right to Information Act about the status of certain lands.

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2.On hearing the learned counsel for the petitioner, we feel that this petition is more adverting to the personal grievance of the petitioner than being a Public Interest Litigation. We may, however, hasten to add that there is no doubt that the concerned authorities / respondents 1 to 10, are always liable to look into the enforcement of the labour welfare measures in the area on a case-to-case basis, as also whether there is need to remove any encroachment/trespass into Government land under different Statutes. That being a job of the concerned authorities under different Statutes, they are obliged to do so.

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3.We, accordingly, close the writ petition. No costs.

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Sd/Assistant Registrar

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True Copy

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Sub Assistant Registrar

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

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1 The Secretary to Govt.,
Revenue Department Secretariat Chennai-9.
2 The District Collector
Uthagamandalam Nilgiris District.
3 The District Revenue Officer
Uthagamandalam Nilgiris District.
4 The Tahsildar
Tahsildar Office Coonor Nilgiris District.
5 The Tahsildar
Tahsildar Office Gudalur Nilgiris District.
6 The Tahsildar
Tahsildar Office Pandalur Nilgiris District.
7 The Tahsildar
Tahsildar Office Uthagamandalam Nilgiris District.
8 The Tahsildar
Tahsildar Office Kothagiri Nilgiris District.
9 The Secretary
Labour Welfare Department Thenampettai Chennai-18.
10 Deputy Commissioner of Labour
Deputy Commissioner of Labour Office
Coonoor-1 Nilgiris District.
+1 cc to Government Pleader,SR.26667.
Br(co)
krd 11/6
W.P.No.15734 of 2015

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

Raj Kumar, v. The Secretary

Case brief

What is this about?

What did the court decide?

Raj Kumar, v. The Secretary

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

Case details

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