A.Tamilmarai v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.01.2019 CORAM :

THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.DURAISWAMY W.P. No.1498 of 2019 and W.M.P.No.1671 of 2019 A.Tamilmarai .. Petitioner vs.

1 The State of Tamil Nadu Rep by its Secretary Public Works Department Secretariat, Fort. St. George Chennai- 600 009 2 The Director of Town Panchayat Chennai 3 The District Collector Coimbatore District Office of the District Collector State bank Road Coimbatore-641018 4 The Assistant Director of Town Panchayat Coimbatore 5 Executive Officer Town Panchayat Perur, Coimbatore 6 The Executive Engineer Public Works Department Water Resources Department Bhavanisagar Dam Bhavanisagar - 638 451 .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents to take appropriate measures to remove encroachments made on the Perur Lake situated in the Perur

Town Panchayat, Coimbatore District, by way of expansion of the road abutting the lake and to prevent any further encroachments on the Perur Lake.

For Petitioner : Mr.S.Vengopalraj For Respondents : Mr.V.Jayaprakash Narayanan Government Pleader (i/c) - for R1 to R6

O R D E R

(Order of the Court made by M.DURAISWAMY,J.) The petitioner has filed the above Writ Petition to issue a Writ of Mandamus directing the respondents to take appropriate measures to remove the encroachments made on the Perur Lake situated in the Perur Town Panchayat, Coimbatore District, by way of expansion of the road abutting the lake and to prevent any further encroachments on the Perur Lake.

2. The petitioner has filed the above Writ Petition as Public Interest Litigation apprehending that the respondents are expanding the road, whereby reducing the area of the Lake.

3. Mr.V.Jayaprakash Narayanan, learned Government Pleader (i/c) appearing for the respondents 1 to 6, on instructions from Ms.M.Mala, Executive Officer, Perur Town Panchayat, Coimbatore and Mr.G.Elangovan, Assistant Executive Engineer, Perur Town Panchayat, Coimbatore, who are also present in the Court, submitted that the respondents are putting up only a compound wall to prevent the encroachment in the Perur Lake. The learned Government Pleader (i/c) also produced the photographs to establish that the respondents are putting up only compound wall to prevent any encroachment in the perur Lake.

4. We are convinced with the statement made by the learned Government Pleader (i/c).

5. In view of the same, we do not find any reason to entertain the present Writ Petition. Accordingly, the Writ Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(AS) //True Copy// Sub Assistant Registrar

Rj To 1 The Secretary Public Works Department Secretariat, Fort. St. George Chennai- 600 009 2 The Director of Town Panchayat Chennai 3 The District Collector Coimbatore District Office of the District Collector State Bank Road, Coimbatore-641018 4 The Assistant Director of Town Panchayat Coimbatore 5 Executive Officer Town Panchayat, Perur, Coimbatore 6 The Executive Engineer Public Works Department Water Resources Department Bhavanisagar Dam, Bhavanisagar - 638 451 +1 cc to Mr.S.Venugopal Raj, Advocate SR.No.5710 +1 cc to The Government Pleader, SR.No.5341 W.P. No.1498 of 2019 and W.M.P.No.1671 of 2019 BS(CO) CSL/18.02.2019