LAWS(MAD)-2011-9-57

S BHOOPATHY Vs. GOVT OF TAMIL NADU

Decided On September 12, 2011
S Bhoopathy Appellant
V/S
GOVT OF TAMIL NADU Respondents

JUDGEMENT

(1.) This is one of the instances, which will show how the concept of 'Public Interest Litigation', which is meant for giving relief to the poor and downtrodden people, is being misused, not only in this case, but in the entire State of Tamil Nadu.

(2.) The Petitioner filed the instant writ petition, designed as a Public Interest Litigation, seeking a mandamus directing Respondents 1 to 4 to evict the fifth and sixth Respondents from the Odai Poromboke land to an extent of 0.70.0 hectare equivalent to 1.73 acres in Survey No. 276 and 277/1 of No. 77, Kattukottai Village.

(3.) In the affidavit filed in support of the writ petition, the Petitioner has stated that he is filing this Public Interest Litigation on his behalf and on behalf of the general public, as it was revealed from the revenue records that there is an encroachment by the partners of SDK Sago Factory (respondents 5 and 6) to an extent of 1.73 acres in Survey No. 276 and 277/1 of odai poromboke of No. 77, Kattukottai Village.It is alleged that Respondents 5 and 6 have illegally encroached odai poromboke land to an extent of 0.50.0 hectare in Survey No. 277/1 and 0.20.0 hectare out of 0.87.0 hectare in Survey No. 276 and established a Shopping Complex as well as a Pollution Treatment Plant (Effluent Treatment Plant ETP) and thippi platform with an electric motor and other machines and a drying yard for the purpose of effectively running the Sago Factory.