Case Note & Summary
The writ petition was filed under Article 226 of the Constitution of India by M. Raja, who was running a tea shop near the Namakkal Government Medical College and Hospital. The petitioner had originally obtained permission in 2020 to operate an Aavin milk booth at the site but was currently running a tea shop. He submitted an application to the authorities seeking permission to run a petty shop and for an electricity service connection. When the application was not considered, he approached the High Court and obtained a direction to the authorities to dispose of his application. Pursuant to that direction, the Tahsildar, Namakkal, passed an order dated 03.09.2024 rejecting the application. The rejection was on two grounds: first, that the place occupied by the petitioner falls within the Master Plan area where there is no provision to grant permission for a petty shop; second, that the petitioner is an encroacher and was directed to remove the encroachment, failing which action under the Land Encroachment Act would be initiated. The petitioner challenged this rejection order by way of the present writ, seeking certiorarified mandamus to quash the order and a consequential direction to permit him to run the petty shop. The Division Bench, after hearing both sides, observed that if the petitioner is eligible, he must apply properly and allotments must follow the statutory procedures and schemes. The court held that an encroacher cannot seek relief for electricity connection or to run a petty shop, especially in the vicinity of a Government Medical College and Hospital, where places are to be protected and allotments made strictly in accordance with the Master Plan. Finding no infirmity in the impugned order, the court dismissed the writ petition along with the connected miscellaneous petitions, with no order as to costs.
Headnote
A) Constitutional Law - Writ of Certiorarified Mandamus - Encroachment and Master Plan - Constitution of India, Article 226 - The petitioner, running a tea shop near a Government Medical College Hospital, challenged rejection of his application for electricity service connection and permission to run a petty shop on the ground that the area falls under Master Plan and petitioner is an encroacher. The High Court held that an encroacher is not entitled to any relief, and allotments must be in accordance with the Master Plan Scheme. Consequently, the writ petition was dismissed. (Paras 3-4).
Issue of Consideration
Whether the order of rejection dated 03.09.2024 by the Tahsildar, rejecting the petitioner's application for electricity connection and permission to run a petty shop on the ground that the place falls in Master Plan area and the petitioner is an encroacher, is arbitrary and illegal.
Final Decision
The writ petition was dismissed. The connected miscellaneous petitions were also dismissed. No costs.
Law Points
- Legal points not extracted
- Encroacher not entitled to relief
- Allotment of petty shops must follow Master Plan
- No provision to grant permission in Master Plan area
