Madras High Court
S.K.Veluchamy @ Steephan vs The District Collector on 4 June, 2015
Bench: S.Manikumar, G. Chockalingam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.06.2015
CORAM
THE HONOURABLE MR.JUSTICE S.MANIKUMAR
AND
THE HONOURABLE MR.JUSTICE G. CHOCKALINGAM
WRIT PETITION(MD)No.18776 of 2014
S.K.Veluchamy @ Steephan ... Petitioner
Vs.
1. The District Collector,
Theni District,
Theni Post.
2. The Thasildar,
Taluk Office,
Andipatty (PO),
Theni District.
3. The Executive Officer,
Major Town Panchayat,
Andipatty (Post & Taluk),
Theni District.
4. The Superintendent of Police,
Theni District,
Theni Post.
5. Veera Ganesh @ Veerakumar
6. Eswaran
7. Rajamanikam
8. Sri Nagaraj Tea Stall,
West Odai Street,
Andipatti Post, Theni District.
9. Mani Tea Stall,
West Odai Street,
Andipatti Post, Theni District.
10.Late Lala @ Veluchamy Family, Sridevi
11.Jeganathan,
12.Rakku ... Respondents
(Respondents 5 to 12 impleaded as per order,
dated 16.12.2014 in M.P.No.1 of 2014)
Prayer :
Writ Petition is filed under Article 226 of the Constitution
of India, for a Writ of Mandamus, directing 3rd respondent to remove the
unauthorised encroachers, which are mentioned by the petitioner in the
affidavit on Survey No.711/A West Odai of Andipatti Major Town Panchayat.
!For Petitioner : S.K.Veluchamy @ Steephan
Party-in-Person
For Respondents 1, 2 & 4 : Mr.N.Manoharan, Spl.G.P
For Respondent No.3 : Mr.S.Sathees Kumar
For R5 to R12 : Refused
:J U D G M E N T
(Order of the Court was made by S.MANIKUMAR, J.) Initially, S.K.Veluchamy @ Steephan, party-in-person, has sought for a Writ of Mandamus, directing the Executive Officer, Andipatti Town Panchayat, Theni District, 3rd respondent herein, to remove the unauthorised encroachers in Survey No.711/A West Odai of Andipatti Major Town Panchayat.
2. Subsequently, in M.P.No.1 of 2014, notice has been ordered to respondents 5 to 12, through Court and privately. However, they have refused to receive the notice. Respondents 1, 2 and 4 are represented by Mr.N.Manoharan, Special Government Pleader. Respondent No.3 is represented by Mr.S.Satheesh Kumar, learned Advocate.
3. On the basis of the supporting affidavit and materials on record, party in person, submitted as follows:
He is a resident of Srinivasa Nagar, Andipatti Post, Theni District. In Survey No.711/A, there is a West Odai Natham Poramboke. Several persons have encroached the Natham Poramboke land. In the said land, there is a temple. Though vide proceedings, dated 05.05.2014, Tahsildar, Andipatti Post, Theni District, 2nd respondent herein, has issued a direction to the Executive Officer, Andipatti Town Panchayat, Theni District, 3rd respondent herein, to remove the unauthorised occupants, but no action was taken. He has raised a doubt that there was corruption.
4. The petitioner has further contended that due to the construction of the buildings, there was contamination of water and that people were infected with highly epidemic diseases, like cholera, typhoid, infective hepatitis, dysentery and also admitted to Government Hospital, Andipatti. On the poramboke land, an Anjaneyar Kovil has been constructed. Room constructed as a library in the name of the former Hon'ble Chief Minister, has now been converted into a rental building. Communications sent by the petitioner, for removal, remained unanswered. Hence, the present pro-bono- publico writ petition.
5. Opposing the relief sought for and by inviting the attention of this Court to the representation enclosed at Page No.6 of the typed set of papers, Mr.N.Manoharan, learned Special Government Pleader submitted that the writ petition is not filed in public interest. He further submitted that Christians in West Odai Street, Andipatti Village, wanted to put up a Cross, near the West Odai. Christian community people were represented by the petitioner. There were hindu temples near the said Odai. When permission was not granted, out of sheer private interest, he has represented to the authorities to remove the alleged encroachments. He therefore submitted that the real interest of the petitioner is to put pressure on the official respondents to grant him permission to up a Cross near the West Odai Poramboke land and it was not for the common cause of the public to remove the existing temple in the Village.
6. Attention of this Court was also invited to W.P.(MD)No.8766 of 2011, filed by the petitioner herein, for a Mandamus, directing the respondents 1 to 4 herein to remove all the encroachments, upon the water course, viz., ?West Odai? in Survey No.711/A at Andipatti Town, pursuant to the order issued by the first respondent herein, in his proceedings in O.Mu.No.21712/2011/B5, dated 29.06.2011 and the orders passed therein.
Heard the learned counsel for the parties and perused the materials available on record.
7. When the petitioner has made a representation to the Tahsildar, Andipatti Taluk, Theni District, 2nd respondent herein, under the Right to Information Act, 2005 seeking for the details, as to whether, patta has been granted to certain shops near Sri Anjaneyar Temple, Sri Devi Karumari Amman Temple, Sri Muniyandi Temple, Sri Melmaruvathur Temple Branch, Sakthi Murugan Temple and Sri Murugan Temple in the writ petition, he has not enclosed any particulars, as to whether, the information sought for, have been furnished or not.
8. Material on record discloses that on 12.03.2014, when the petitioner has sought for an information from the Public Information Officer, Collectorate, Theni District, it has been forwarded to Tahsildar, Andipatti, 2nd respondent herein. Vide proceedings, dated 05.05.2014, the Tahsildar, Andipatti, Theni District, has requested the Executive Officer, Andipatti Town Panchayat, Theni District, 3rd respondent herein, to examine the petition, dated 26.04.2014 and if there is any need to remove the encroachments, pass necessary resolutions and send the same to the Tahsildar, Andipatti, Theni District. He has further stated that if the Town Panchayat, Andipatti, decides to remove the encroachments and fixes any date, the surveyors would measure the area. Copy of the letter, dated 05.05.2014, has been addressed the petitioner, party-in-person.
9. Material on record further discloses that earlier, when the petitioner has submitted a letter, dated 29.04.2013, under the Right to Information Act, 2005, the Executive Officer, Andipatti Town Panchayat, Theni District, 3rd respondent herein, has stated that only during the rainy season, there was water in West Odai Street. Water would also flow from Mavoor Velapur Kovil Odai and from other village Odais. Rest of the season, it would be dry. It is also stated that on West Odai Street, there were no water tanks. The Executive Officer has only stated that encroachment would be ascertained on the West Odai Street and steps would be taken.
10. Thus, reading of the materials enclosed in the typed set of papers, does not indicate that the Executive Officer, Andipatti Town Panchayat, Theni District, 3rd respondent herein, has passed any resolution, to remove the alleged encroachments. While answering a specific question, as to whether, there was any steps taken to prevent infectious diseases from water tanks, on the West Odai Street, the Executive Officer, Andipatti Town Panchayat, Theni District, 3rd respondent herein, has stated that there were no water tanks.
11. Though the petitioner has contended that due to encroachments, many people were infected with highly epidemic diseases, like cholera, typhoid, infective hepatitis, dysentery and also admitted to Government Hospital, Andipatti, there is absolutely no supporting material. Needless to state that a person, filing a pro-bono-publico writ petition, has to furnish all the particulars in detail and to substantiate the contentions.
12. Even from the averments made in Paragraphs 2, 4 and 5 of the supporting affidavit, it could be deduced that the subject property is a natham poramboke, near Odai. No records have been filed to prove that there were encroachments in Odai. On the contra, the Executive Officer, Andipatti Town Panchayat, Theni District, 3rd respondent herein, has stated that there were no water tanks or pits on the West Odai Street.
13. Writ petition, filed by S.K.Veluchamy @ Steephan, party-in- person, reflects only a private interest, in putting up of a Cross near West Odai. At this juncture, this Court deems it fit to extract the contents of the representation, said to have been given to the District Collector, Theni District. In the said representation, it is stated as follows:
?Mz;ogl;o nkw;F Xilj; bjUg; gf;fk; trpg;gth;fshfpa rpWghd;ik ,d kf;fs; fpU!;Jth;fshfpa v';fSf;F mUfpnyna xU bja;t tHpghl;Lf;fhf v';fspd; rhh;gpy; mju nkyj; bjUtpy; trpj;J tUk; jpU/S.K.ntYr;fhkp vd;w !;Ogd; Iah. ,e;J nfhapy;fs; gy cs;s mnu nkw;F xilapy; kw;w ,e;J nfhapy;fSf;Fk; ,e;J kjj;jtUf;Fk; fLF mst[ Tl ,il";rnyh ghjpg;ngh. bjhe;junth ,y;yhj xukhf Fl;o ghy mUfhikapy; xU xuj;jpy; VR + fpuh!; 2005k; Mz;oypUe;J xt;bthU Mz;Lk; fpwp!;Jk!; gz;oif md;W itf;ft[k;. nkyj; bjUitr; nrh;e;j rK:f tpnuhjpfs; gz;oif Koe;j ,unt ,oj;J behWf;FtJkhd ntiyfisr; bra;J tUfpwhh;fs;/?
14. Representation further reads the names of persons, who have put up their respective temples and they are as follows:
1/ _ Kdpahz;o nfhtpy; - nrh;it FUg; ,d kf;fs;
2/ _ gps;isahh; nfhtpy; - gpuhkpdh; Fy kf;fs;
3/ _ VR fpuh!; itf;fg;gl;l ,lk; rpWghd;ik fpU!;J kf;fs; 4/ _ fUkhhpak;kd; nfhtpy; - yhyh vd;w ntYr;rhkp Late 5/ _ Kufd; nfhtpy; - uh$h kzp 6/ _ M";rpneah; nfhtpy; - K.tPufnzrd; FUg;
7/ _ fhspak;khs; nfhtpy; - eha[L FUg;
8/ gps;isahh; nfhtpy; - Common for all 9/ gps;isahh; nfhtpy; _ kPd Vrp bkof;fy; FUg;
10/ nky; kUtj;J}h; - Particular rhkp gf;jh;fs;
15. In the representation, village people seemed to have admitted that the temples are used by the public. But insofar as the minority Christian community is concerned, there is no place. Therefore, in the representation enclosed at Page Nos.6 and 7, it is stated that permission should be granted to put up a Holy Cross, near West Odai, failing which, steps would be taken, for demolition of the temple. According to them, permission has not been granted to put up a Cross.
16. Thus, as rightly contended by the learned Special Government Pleader, representation enclosed at Pages 6 and 7 of the typed set of paper, filed along the writ petition, indicates that the real intention of the party-in-person, is to put up a Cross, near West Odai, as per the wishes of the members, belonging to the Christianity and residents of Andipatti Village, and in the event of failure to grant permission, villagers of the said religion, wanted the temples and small constructions to be demolished.
17. From the representation of the abovesaid villagers, it could be deduced that the party-in-person is vindicating and espousing the cause of one section of the society, who had not been granted any permission to put up a Cross and thus, wanted to demolish the temples, some of which, are being used by public. In the letter, dated 29.04.2013, Executive Officer, Andipatti Town Panchayat, Theni District, 3rd respondent herein, has stated that only during rainy season, there would be some flow of water and in rest of the season, it would be totally dry. As stated supra, no revenue records have been furnished to prove the alleged encroachment in the Odai. On the facts and circumstances of the case, this Court is not inclined to issue any Mandamus, as prayed for.
18. In the result, the Writ Petition is dismissed. No costs.
To
1. The District Collector, Theni District, Theni Post.
2. The Thasildar, Taluk Office, Andipatty (PO), Theni District.
3. The Executive Officer, Major Town Panchayat, Andipatty (Post & Taluk), Theni District.
4. The Superintendent of Police, Theni District, Theni Post.