Madras High Court
Varaaki vs State Of Tamilnadu on 17 April, 2021
Author: Senthilkumar Ramamoorthy
Bench: Sanjib Banerjee, Senthilkumar Ramamoorthy
W.P.No.9439 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.04.2021
CORAM :
The Hon'ble Mr.SANJIB BANERJEE, THE CHIEF JUSTICE
AND
The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.No.9439 of 2021
Varaaki .. Petitioner
-vs-
1.State of Tamilnadu,
Rep. by its Secretary to Government,
Municipal Administration and Water
Supply Department, Secretariat,
Fort St. George, Chennai 600 009.
2.State of Tamilnadu,
Rep. by its Secretary to Government,
Revenue Department, Secretariat,
Fort St. George, Chennai 600 009.
3.The Chief Commissioner and Central
Excise and Service Tax,
No.26/1, Mahatma Gandhi Road,
Nungambakkam, Chennai 600 034.
4.The Chairman and Managing Director,
Chennai Metropolitan Development
Authority, Thalamuthu-Natarajan Maligai,
Gandhi Irwin Road, Chennai 600 008.
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W.P.No.9439 of 2021
5.The Commissioner,
Commissionerate of Revenue Administration,
PWD Estate, Chepauk, Chennai 600 005.
6.The Chairman,
TANGEDCO, 10th Floor,
NPKRR Maaligai, No.144, Anna Salai,
Chennai 600 001.
7.The Commissioner,
Greater Chennai Corporation,
Ripon Building, Chennai 600 003.
8.The Chairman,
Directorate of Public Health and
Preventive Medicine, No.64/75,
Main Road, Chokkalingam Nagar,
Teynampet, Chennai 600 086.
9.The Director,
Tamilnadu Fire and Rescue Services,
No.1, Greams Road, Chennai 600 006.
10.VR Chennai
Jawaharlal Nehru Road,
Anna Nagar, Chennai 600 040.
11.Chennai City Centre Mall,
Dr.Radhakrishnan Salai,
Mylapore, Chennai 600 004.
12.AMPA Skywalk Mall
Nelson Manickam Road,
Aminjikarai, Chennai 600 029.
13.Express Avenue,
No.17, Pattullos Road,
Express Estate, Thousand Lights,
Chennai 600 002.
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W.P.No.9439 of 2021
14.Phoenix Market City,
No.142, Velachery Main Road,
Indira Gandhi Nagar, Velachery,
Chennai 600 042. .. Respondents
Petition filed under Article 226 of the Constitution of India
praying for issue of Writ of Mandamus to direct the respondents 1 to
9 to take appropriate action to remove the cafeterias/shops etc.
occupying the public utility common spaces inside the shopping malls
throughout Tamilnadu and to take severe penal action against the
shopping malls throughout Tamilnadu which rented/let out the public
utility common spaces for commercial purpose and illegally gaining
from the same and cancel their licence based on the Petitioner's
representation dated 14.02.2020 within a time frame fixed by this
Court.
For Petitioner : Mr.B.Janakiram
For Respondents : Mr.V.Jayaprakash Narayanan
State Government Pleader
for RR 1, 5 and 9
: Mr.Rajesh Vivekanandan
for RR 2 and 3
: Mrs.Karthikaa Ashok
for RR 4 and 7
ORDER
(Made by The Hon'ble Chief Justice) This so-called public interest litigation is an example of how the system of this Court has been abused and the once venerated epistolary system has become extortionist in most cases.
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2. The petitioner, seeking to champion a public cause, seeks directions for appropriate action to remove cafeteria and shops from the common spaces inside shopping malls throughout the State.
3. For a start, if these shopping malls and the perceived cramped space inside do not appeal to the aesthetic sense of the petitioner, the petitioner is well within his rights not to visit such places. More importantly, these are private properties owned by private persons and, subject to the sanctioned plan, the spaces within a mall may be used as the private owner thereof chooses. If there is any individual case of any additional construction being made at variance with the sanctioned plan, an appropriate objection can be made upon the locus of the objector being established. Such an objection cannot be carried by way of a public interest litigation to the High Court.
4. The allegations are vague and sweeping. If the petitioner has specific complaints regarding specific malls, the petitioner is free to complain to the appropriate Corporation or Municipality which had sanctioned the building plan or to the local administration. However, Page 4 of 8 http://www.judis.nic.in W.P.No.9439 of 2021 the petitioner may pursue such complaints upon establishing the petitioner's locus standi in such regard. The Court will be better served if such useless litigation is avoided in future and some rudimentary discretion is exercised at the Bar before throwing such matters at the Court.
5. W.P.No.9439 of 2021 is dismissed. The writ petitioner will pay costs assessed at Rs.100/- to any charity of his choice. The writ petitioner will remain restrained for a period of a year from today from instituting any public interest litigation without obtaining the previous leave from the relevant Bench exercising determination over such matters.
(S.B., CJ.) (S.K.R., J.)
17.04.2021
Index : Yes/No
sra
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W.P.No.9439 of 2021
To
1.The Secretary to Government of Tamilnadu, Municipal Administration and Water Supply Department, Secretariat, Fort St. George, Chennai 600 009.
2.Secretary to Government of Tamilnadu, Revenue Department, Secretariat, Fort St. George, Chennai 600 009.
3.The Chief Commissioner and Central Excise and Service Tax, No.26/1, Mahatma Gandhi Road, Nungambakkam, Chennai 600 034.
4.The Chairman and Managing Director, Chennai Metropolitan Development Authority, Thalamuthu-Natarajan Maligai, Gandhi Irwin Road, Chennai 600 008.
5.The Commissioner, Commissionerate of Revenue Administration, PWD Estate, Chepauk, Chennai 600 005.
6.The Chairman, TANGEDCO, 10th Floor, NPKRR Maaligai, No.144, Anna Salai, Chennai 600 001.
7.The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai 600 003.
8.The Chairman, Directorate of Public Health and Preventive Medicine, No.64/75, Main Road, Chokkalingam Nagar, Teynampet, Chennai 600 086.
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9.The Director, Tamilnadu Fire and Rescue Services, No.1, Greams Road, Chennai 600 006.
Page 7 of 8http://www.judis.nic.in W.P.No.9439 of 2021 The Hon'ble Chief Justice and Senthilkumar Ramamoorthy, J.
(sra) W.P.No.9439 of 2021 17.04.2021 Page 8 of 8 http://www.judis.nic.in