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O.M.Ravi Rajini vs The Director Of Town Panchayats

Madras High Court|18 September, 2017

JUDGMENT / ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This writ petition by way of public interest has been filed seeking orders in the nature of writ of mandamus directing respondent Nos.1 to 5 to consider the representation of the petitioner dated 21st February 2017, to direct respondent Nos.1 to 5 to survey the land belonging to the Omalur Panchayat in Survey No.73/3, 1B, 5A2 of Kottamettupatti Village, and evict the hawkers, demolish the unauthorised constructions and to collect the defaulted rentals payable to the Omalur Panchayat.
2. The petitioner claims to be a resident of the locality. It is nobody's case that the hawkers have either encroached the roads or have encroached on pavements. We find no public interest in evicting the hawkers, who are hawking on land belonging to the Omalur Panchayat.
3. In the writ petition, it is pleaded that there are about 184 shops on the land and those who operate from the shops have defaulted in payment of rents. If there is default in payment of rents, it is for the Omalur Panchayat to take action for recovery of rents. The petitioner can have no interest in this matter.
4. We do not find any public interest in this writ petition, which is dismissed. It is however made clear that this order will not prevent the Omalur Panchayat from taking necessary action in accordance with law, if required against the persons in occupation of its land. No costs.
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Title

O.M.Ravi Rajini vs The Director Of Town Panchayats

Court

Madras High Court

JudgmentDate
18 September, 2017