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2015 DIGILAW 250 (MAD)

P. Babu v. District Collector, Kanyakumari District

2015-01-19

S.TAMILVANAN, V.S.RAVI

body2015
Judgment S. Tamilvanan, J. 1. Heard the learned counsel appearing for the petitioner as well as the learned Special Government Pleader appearing for the respondents 1 to 5 & 7 and the learned Standing counsel appearing for the sixth respondent. 2. This Writ Petition has been filed under Article 226 of the Constitution of India seeking for an order in the nature of Writ of Mandamus directing the respondents to appoint a Taluk Surveyor and determine the boundary of the water tank measuring an extent of 4.19.46 hectares at Attakulam in Town Survey No.D5/256 at Marthandam in Nalloor Village, Kuzhithurai Municipal limit, Vilavancode Taluk, Kanyakumari District, based on the earlier revenue records and protect the said tank. 3. Learned counsel appearing for the petitioner submits that there are encroachments made in and around the water tank area and the petitioner gave a representation before the first respondent and the other authorities. However, no action was taken sofar by the respondents. In the aforesaid circumstances, the petitioner has come forward with this Writ Petition. 4. On a perusal of the accompanying affidavit relating to the Writ Petition and the relief sought for, we are of the view that the relief sought for in the Writ Petition is only an interlocutory order, since the petitioner needs an order only to measure the land of the aforesaid survey number and protect the said water tank. Seeking a direction against the respondents only to measure the property of the land would not be construed to be a legal redressal sought for by way of Public Interest Litigation. Similarly, by adding the word protect the water tank, the prayer of the Writ Petition cannot be expanded, as the relief sought for is only to measure the property. Having gone through the averments, we are of the view that the relief sought for could only be an interim prayer which cannot be construed as main relief required in a Writ Petition. When the said fact was brought to the notice of the learned counsel appearing for the petitioner, the learned counsel submits that leave be granted to the petitioner for seeking appropriate relief by way of filing a fresh Writ Petition or approaching the authority, for proper remedy. 5. When the said fact was brought to the notice of the learned counsel appearing for the petitioner, the learned counsel submits that leave be granted to the petitioner for seeking appropriate relief by way of filing a fresh Writ Petition or approaching the authority, for proper remedy. 5. Having considered the facts and circumstances of the case and the relief sought for by way of the present prayer, we are of the view that the Writ Petition is not legally sustainable. However, considering the submissions made by the learned counsel, we make it clear that it is open to the petitioner either to approach the authorities or to file any fresh Writ Petition by properly capitulating the relief. 6. With the above observation, this Writ Petition is dismissed. However, there will be no order as to costs. Consequently, the connected miscellaneous petition is closed.