G.Ganagarajan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.03.2017
CORAM
THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE RMT. TEEKAA RAMAN W.P.No.6071 of 2017 G.Ganagarajan ... Petitioner Vs.
1 The District Collector Kanchipuram District Kanchipuram.
2 The Commissioner Kundrathur Town Panchayat Kundrathur.
3 The Thasildhar Alandur Taluk Alandur.
4 The President Town Panchayat Moulivakkam.
5 Rajeswari ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing 3rd respondent to consider the petitioner's representation dated 13.10.2016 and subsequently direct the 4th respondent to remove the encroachment in Moulivakkam area more fully described in the schedule to petition.
For Petitioner : Mr.Aravind Subramaniam For Respondents : Mr.T.N.Rajagopalan Special Government Pleader for respondents 1 to 4
ORDER
(Order of the Court was made by the Acting Chief Justice) Mr.T.N.Rajagopalan, learned Special Government Pleader takes notice for respondents 1 to 4.
2. The petitioner has filed this writ petition seeking issuance of a writ of Mandamus directing the third respondent to consider the petitioner's representation dated 13.10.2016 and subsequently direct the fourth respondent to remove the encroachment in Moulivakkam area more fully described in the schedule to petition.
3. The petitioner claims to be a resident of L & T Nagar, Moulivakkam Village. It is alleged that the *fifth respondent had encroached the road to an extent of 24 feet along with canal which is nearby Porur Lake and due to this, the petitioner is not able to park his car on the street and during rainy season, water stagnation is caused. In this regard, the petitioner made a series of representations to the respondent authorities and respondents 2 and 3 in turn directed the fourth respondent to remove the encroachments. However, no action was initiated thereafter. Hence, the present writ petition is filed for the relief stated supra.
4. It is the specific case of the petitioner that the canal near Porur Lake is overflowing during the encroachments put up in the canal and the property of the petitioner is inundated due to the same, causing serious inconvenience to him. When there is no drop of water even in the canal, we are surprised to note the said stand of the petitioner that the canal water is overflowing causing inconvenience to him. However, we make it clear that this order shall not preclude the respondent authorities from considering the representation dated 13.10.2016 given by the petitioner complaining about the encroachment put up by the *fifth respondent on road and the canal.
The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS IV) Dated : 22.03.2017 *Corrected as per the Order of this Court dated 17.04.2017 and made herein Sd/- Assistant Registrar(CS II) Dated : 02.05.2017 /true copy/ Sub Assistant Registrar
To:
1. The District Collector Kanchipuram District To be Substituted to the Kanchipuram.
2. The Commissioner Kundrathur Town Panchayat Order already despatched on Kundrathur.
3. The Thasildhar Alandur Taluk 05.04.2017 Alandur.
4. The President Town Panchayat Moulivakkam.
+1 cc to mr.M.Aravind Subramanian,advocate,sr.16159 +1 cc to Govt.Pleader,sr.16305 W.P.No.6071 of 2017 kk(co) krd 27/3 CA(03.05.2017)