The Madras High Court has dismissed a petition filed regarding the alleged use of Grama Natham land for commercial purposes.
The petitioner, M. Prabakaran, sought a direction from the District Collector of Chengalpet District and the Tahsildar (Pallavaram Taluk Office) for consideration of the representation made by the petitioner on 12.06.2022. It is stated that Grama Natham land cannot be used for commercial purposes.
P. Muthukumar, pleader appearing for the respondents, furnished a copy of the No Objection Certificate under Rule 144 of the Petroleum Rules, 2002 and the same is taken on record.
K. Gowthaman, the counsel for the petitioner, has also submitted an additional typed set of papers so as to place on record the No Objection Certificate by the Executive Officer, Tiruvannamalai Municipality dated 20.04.2021 and other documents to show that permission has been granted for the use of the land for commercial purposes.
The petition has been filed to seek a direction for consideration of the representation where the prayer has been made not to allow the private respondents to use the land for commercial purposes.
While making the aforesaid prayer and filing the writ petition, the petitioner ignored the No Objection Certificate issued by the competent authorities so as to challenge it, because in the absence of it, a direction of the nature sought for by the petitioner cannot be given, for the reason that whether the No Objection Certificate was given rightfully or illegally is required to be examined and till such a finding is recorded about the illegality or otherwise, a right is vested in favour of the private respondents and thereby the Court would not affect the right of the private parties unless it is challenged, observed the Division Bench of Chief Justice Munishwar Nath Bhandari and Justice N. Mala.
Further the Court observed that in the present petition, there is no challenge to the No Objection Certificate issued by the competent authorities and thereby the direction for consideration of the representation cannot be given in absence of challenge to the No Objection Certificate.
Therefore, the petition is dismissed.
However, the Court granted liberty to the petitioner to take the remedy as provided under law if the petitioner is aggrieved by the No Objection Certificate given by the competent authorities.