IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.08.2023

CORAM:

THE HON’BLE MR. JUSTICE S. VAIDYANATHAN and

THE HON’BLE MR. JUSTICE K. RAJASEKAR

W.P. No.20215 of 2018

Silambarasan            Petitioner

v 1 The State of Tamil Nadu

represented by the Chief Secretary

Secretariat

Chennai

• The District Collector

Krishnagiri District

• The District Registrar, Krishnagiri

No.1, Thiruvannamalai Road

Krishnagiri 635 001

• The Tahsildar

Hosur Taluk

Krishnagiri District

• The Member Secretary

Hosur New Town Development Authority

Nethaji Nagar

Anna Nagar

Hosur

Krishnagiri District 635 109

• The Municipal Commissioner

Krishnagiri Municipality

Krishnagiri District

• Dollars Colony Developers

represented by its Proprietor

Arogiyaraj

S/o Sandanampillai

No.422, SIPCOT Phase II

Bangalore Road

Hosur

Krishnagiri District

• The Commissioner

Hosur Municipality

Krishnagiri District        Respondents

(R8 suo motu impleaded by this Court as per order dated 06.08.2018 in W.P. No.20215 of

2018)

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the second respondent to dispose of the petitioner’s representation dated 26.04.2018.

For petitioner   Mr. T. Elumalai

For RR 1 to 6       Mr. A.Selvendran

Special Government Pleader

For R7        Mr. G.M. Anantha Kumar

ORDER

This writ petition, in the form of public interest litigation, has been filed seeking a writ of mandamus directing the second respondent to consider and pass orders on the petitioner’s representation dated 26.04.2018.

• According to the petitioner, the seventh respondent, who is a builder, is attempting to sell the plot in S.F. Nos.695/2E2, 696/1B, 697/2A2, 2B, 700/2A, 2B1, 2B2, 2C, 2D, 712/1, 2,3,4,5, 713/12 and 777/2 in Onnalvadi Village, Hosur Taluk.
• The seventh respondent and the Government have produced “A” register to show the all the survey numbers mentioned by the petitioner in paragraph 3 of the affidavit, as stated supra, are patta lands.
• At that stage, the learned counsel for the petitioner drew the attention of this Court to page no.4 of the “A” register and contended that the burial ground has been encroached.
• To be noted, the burial ground is in S.No.711/2 and 3 and that is not the subject matter of this writ petition. By means of an innocuous prayer, the petitioner wants this Court to conduct a roving enquiry, which is not permissible.

In view of the foregoing, this writ petition is dismissed as being devoid of merits, with costs quantified at Rs.25,000/- payable by the petitioner in the form of cheque drawn in favour of  “Shri Ghosala Seva Trust”, which is to be handed over at No.4, Appavu Gramani III Street, R.A. Puram, Chennai 600 028 (near

Suresh Super Market, Opp. B.S.N.L. Telephone Exchange) to one Ms. Usha (Mobile No.63801 15822).

(S.V.N., J.)   (K.R.S., J.) 01.08.2023

cad

1. VAIDYANATHAN, J. and
2. RAJASEKAR, J. cad

To

• The Chief Secretary Government of Tamil Nadu

Secretariat, Fort St. George

Chennai 600 009

• The District Collector

Krishnagiri District

• The District Registrar

Krishnagiri

No.1, Thiruvannamalai Road

Krishnagiri 635 001

• The Tahsildar

Hosur Taluk, Krishnagiri District

• The Member Secretary

Hosur New Town Development Authority

Nethaji Nagar

Anna Nagar

Hosur, Krishnagiri District 635 109

• The Municipal Commissioner

Krishnagiri Municipality

Krishnagiri District

• The Commissioner

Hosur Municipality

Krishnagiri District         W.P. No.20215 of 2018

1. 01.08.2023