LAWS(MAD)-2008-4-88

A VENKATESAN Vs. DISTRICT COLLECTOR VELLORE DISTRICT

Decided On April 22, 2008
A.VENKATESAN Appellant
V/S
DISTRICT COLLECTOR VELLORE DISTRICT Respondents

JUDGEMENT

(1.) HEARD the arguments of Mr. T. Mohan, learned counsel appearing for the petitioner and Mr. M. Dhandapani, learned Special Government Pleader representing the respondents 1, 2 and 4 and Mr. V.R. Rajasekaran, learned counsel for the third respondent and have perused the records.

(2.) THIS writ petition is allegedly filed in public interest seeking for a direction to the respondents to take action against the unauthorised constructions put up by the third respondent and demolish the same.

(3.) IT is rather unfortunate that the petitioner should come forward with the second writ petition on the very same issue even before any meaningful action could be taken by the second respondent. This attempt of the petitioner is reprehensible and such a writ petition should be dismissed on the sole ground that the petitioner's attempt in moving the authorities is not bona fide and he just wanted to create a new cause of action to come to this Court. However, since the petitioner states that there is violation of the statutory provisions found under the District Municipalities Act and alleges that the third respondent had encroached Highways land, we heard the writ petition on merits.