Privilege petition seeking mandate against official respondents to act against encroachment by a private solar energy company was dismissed by Magistrate Bench as speculative filed for publicity without attaching requisite evidence.
Writ Petition dismissed; no costs awarded to any party.
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W.P(MD)No.659 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.01.2022 CORAM :
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA and
THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P(MD)No.659 of 2022
Alagarasan
... Petitioner
vs.
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W.P(MD)No.659 of 2022
10)The Director,
Prathama Solar Connect Energy Private Limited, Hinduja House,
171, Dr.Annie Besant Road, Worli Mumbai, Mumbai City-400 018, State of Maharastra.
11)The Managing Director,
Prathama Solar Connect Energy Private Limited, Veppankulam Village,
Kallal Taluk, Sivagangai District. ... Respondents
PRAYER: This Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondent No.1 to 9 to initiate action for removing the encroachment at Idaichioorani and its two water canal, Vempakulam Village, Kallal Taluk, Sivagangai District made by the Respondent No.10 and 11 company and to dredging the said Idaichioorani and its two water canal, Vempakulam Village, Kallal Taluk, Sivagangai District for storage of the water to use the agricultural purpose and goat and cattle breeding in accordance with law based on petitioner's representation dated 30.12.2021.
For Petitioner : Mr.R.Bharath For R1 to R9 : Mr.M.Siddharthan Additional Government Pleader
ORDER
(Order of the Court was made by PUSHPA SATHYANARAYANA, J. )
The writ petitioner in the garb of public interest litigation, has filed the writ petition seeking a direction to the official respondents to take action against the respondents 10 and 11, who is the private company engaged in generating solar energy.
2. Even in the affidavit, the petitioner has stated that three years ago, the respondents 10 and 11 / private company had encroached the Government meichal poromboke land situated on the south side of the Idaichioorani which is called Solai Malai Thudu.
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W.P(MD)No.659 of 2022
He also alleges that the respondents 10 and 11 have fabricated forged documents as if they have purchased from the private individuals, which are all matters of evidence to be gone into only before the Civil Court. Though the petitioner has stated in the affidavit that he had held several agitations and sent several representations, nothing has been attached in the typedset of papers, excepting only one dated 30.12.2021. Even for the said representation, acknowledgement card has not been attached excepting sending it by post.
3. Therefore, we are of the opinion that the petitioner has filed the writ petition only for publicity and the same appears to be a speculative one. If the respondents 10 and 11 are encroaching the meichal poromboke and the water canals, the official respondents who have taken notice today can attend to it and take action in the manner known to law. The official respondents are also directed to consider the representation dated 30.12.2021 sent by the petitioner in this regard.
4. In view of the above, the Writ Petition is dismissed. No costs.
Assistant Registrar (P&A)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
bala
To
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W.P(MD)No.659 of 2022
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1 issue framed by the court
Whether the writ petition filed by the petitioner seeking action against a private company for encroachment is maintainable.
Alagarasan
The Principal Secretary, Water Resources Department
The Principal Secretary, Rural Development and Panchayat Raj Department
The Principal Secretary, Energy Department
The Principal Secretary, Public Works Department
Prathama Solar Connect Energy Private Limited
PUSHPA SATHYANARAYANA
P VELMURUGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
