Disposed

B.Veman v. The District Collector

Madras HC4 Feb 2021WP/6771/2020

Case brief

AI extract

What is this about?

The Madras High Court in a PIL regarding land encroachment declined to examine merits initially but directed official respondents to dispose of the petitioner's representation by a speaking order within six weeks after providing opportunities to affected parties.

What did the court decide?

Directed official respondents to dispose of the petitioner's representation dated 07.12.2019 by a speaking order within six weeks, providing reasonable opportunity to the encroachor.

B.Veman Vs The District Collector — Landlord and Tenant | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 04.02.2021

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CORAM :

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THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

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W.P.No.6771 of 2020
B.Veman .. Petitioner
Vs.
1. The District Collector,
Ranipet,
Ranipet District.
2. The District Environment Officer,
Tamil Nadu Pollution Control Board,
Gandhi Nagar,
Vellore - 632 006.
3. The Commissioner,
Arakkonam Municipality,
Arakkonam,
Ranipet District.
4. The Executive Engineer and Administration Officer,
Tamil Nadu Housing Board,
Ranipet Unit,
Shathuvasari - 9,
Vellore District.

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S.Senthilkumar .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 4 to remove encroachment made by the fifth respondent in Survey No.246/6, TNHB Main Road, Jothi Nagar, Arakkonam, Ranipet District - 631 001 by considering representation dated 7.12.2019 made by the petitioner.

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

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For Petitioner : Mr.P.Ganesan

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For Respondents : Mr.K.S.Suresh Government Advocate for respondent Nos.1 and 2

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: Mr.M.Kirubaharan for respondent No.3

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ORDER

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(Order of the Court was made by SENTHILKUMAR RAMAMOORTHY,J.)

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This writ petition pertains to the alleged encroachment made by the fifth respondent in Survey No.246/6, TNHB Main Road, Jothi Nagar, Arakkonam, Ranipet District. The petitioner states that a representation was given in this regard on 07.12.2019, but no action has been taken thereon.

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In several cases of this nature, this Court observed that it is not inclined to exercise discretionary jurisdiction in public interest litigation unless the matter involves significant public interest.

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Accordingly, without examining the merits of the representation dated 07.12.2019, the official respondents concerned are directed to dispose of the same by a speaking order within a period of six weeks from the date of receipt of a copy of this order, after providing a reasonable opportunity to the fifth respondent herein and any other affected parties. In the event the petitioner is aggrieved by such decision, it is open to the petitioner to pursue his remedies in accordance with law, otherwise than by a public interest litigation, after establishing his locus standi in that regard.

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W.P.No.6771 of 2020 is disposed of on the above terms. There will be no order as to costs. Sd/Assistant Registrar(CS VII)

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//True Copy//

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Sub Assistant Registrar

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sasi

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

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To:

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The District Collector,
Ranipet,
Ranipet District.
2. The District Environment Officer,
Tamil Nadu Pollution Control Board,
Gandhi Nagar,
Vellore - 632 006.
3. The Commissioner,
Arakkonam Municipality,
Arakkonam,
Ranipet District.
4. The Executive Engineer and Administration Officer,
Tamil Nadu Housing Board,
Ranipet Unit,
Shathuvasari - 9,
Vellore District.
RSV(CO)
SM/18/02/2021
W.P.No.6771 of 2020

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

B.Veman v. The District Collector

Case brief

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B.Veman v. The District Collector

Case brief

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