High Court dismissed a writ petition seeking removal of school encroachment in tank water banks. The court found the petitioner's lack of bona fides and treated the matter as a false PIL, dismissing the petition with observations on the petitioner's credibility.
Writ of Mandamus directing removal of encroachment was denied.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.01.2017
CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE
AND
The Hon'ble MR.JUSTICE M.SUNDAR
W.P.No.42460 of 2016
and
W.M.P.No.36350 of 2016
S.B.Raj Kumar ... Petitioner
Vs
1. The District Collector,
Collectorate,
Huzur Road,
Coimbatore-641 018.
2. The District Revenue Officer,
Collectorate,
Huzur Road,
Coimbatore-641 018.
3. The Tahsildar,
Taluk Office,
Sulur,
Coimbatore – 641 402.
4. The Executive Engineer,
Public Works Department,
Town Hall,
Coimbatore -1.
5. The Executive Officer,
Sulur Town Panchayat,
Sulur,
Coimbatore – 641 402.
6. Captain H.Kumar,
Managing Director,
M/s.Seaskill Maritime Academy,
Kovanur,
Perianaickenpalayam,
Coimbatore-641 020. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 5 to remove encroachment made by 6th respondent in the water banks of Sulur Periakulam Tank of Sulur Town Panchayat of Coimbatore District by considering the representation of the petitioner dated 27.08.2016.
For Petitioner : Mr.N.Ponraj For Respondents : Mr.T.N.Rajagopalan Special Government Pleader
for R1 to R5
Mr.C.Deivasigamani for R6
ORDER (Order of the Court was made by The Hon'ble Chief Justice)
On a perusal of the petition, we are not satisfied with the bonafides of the petitioner and are of the view that possibly the petitioner has been set up to file the public interest litigation. The petitioner claims to be a daily wage labourer and his representation sent to the concerned authorities is written in English and signed in English. The affidavit filed states that the contents of the same have been read over in Tamil and understood by him.
Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
bbr
To
2 issues framed by the court
Whether to issue Writ of Mandamus directing respondents to remove encroachment in water banks by a school.
Whether the petitioner's claim of bona fides is acceptable given the circumstances of the petition and affidavit.
S.B. Raj Kumar
The District Collector
The District Revenue Officer
The Tahsildar
The Executive Engineer
The Executive Officer
SANJAY KISHAN KAUL
M. SUNDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
