Padmanaban v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Padmanaban ..

Petitioner Vs.

1. The District Collector Collectorate Office Kancheepuram District.

2. The Revenue Divisional Officer Chengalpet, Kancheepuram District.

3. The Tahsildar Thirukazhukundram Taluk Kancheepuram District.

4. Balusamy

5. Madurai Nayakkar

6. Raja

7. V.Rajendiran

8. P.Kasi

9. Krishnan Nayakar

10. Sartharmari Nagaar

11. Amarthevi Nagaar

12. The Block Development Officer Thirukazhikundram.

[R12 suo motu impleaded vide order dated 14.02.2022 in W.P.No.2302 of 2022] ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents 1 to 3 to take action against the respondents 4 to 11 and to remove the encroachments in S.Nos.353/B and 353/C which is classified as Lake Water Body (Eari Neerpidippu) situated at Kuzhipanthandalam Village, Thirukazhukundram Taluk, Kancheepuram district and restore the lake water body.

For the Petitioner : Mr.M.R.Elavarasan For the Respondents : Mr.A.Edwin Prabakar State Government Pleader for R1 to R3 No Appearance for R4 to R6 R7 & R8 not ready in notice R9 dead Mr.Hidyathullah for R10 & R11 Mr.T.K.Saravanan Government Advocate for R12

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.M.R.Elavarasan, learned counsel for the petitioner, Mr.A.Edwin Prabakar, learned State Government Pleader for respondents 1 to 3, Mr.Hidyathullah, learned counsel for respondents 10 and 11 and Mr.T.K.Saravanan, learned Government Advocate for respondent 12.

2. The petitioner alleges encroachment on the waterbody.

3. Learned State Government Pleader also does not deny the submission of the petitioner. Now, Form I and Form II notices, in accordance with the provisions of the Tamil Nadu Protection of Tanks and Eviction of Encroachments Act, 2007, was issued, but no further steps have been undertaken.

4. Learned State Government Pleader assures that fresh notices would be issued within a period of one month from today and further steps would be undertaken to remove the encroachments from the

subject waterbody expeditiously.

5. The said submission is accepted. The steps, as undertaken by learned State Government Pleader, shall commence expeditiously.

6. The writ petition, accordingly, stands disposed of There shall be no orders as to costs. Consequently, W.M.P.No.19609 of 2022 is closed.

(S.V.G., CJ.) (J.S.N.P., J.) 08.04.2024 Index :

Yes/No :

Yes/No drm

To

1. The District Collector Collectorate Office Kancheepuram District.

2. The Revenue Divisional Officer Chengalpet, Kancheepuram District.

3. The Tahsildar Thirukazhukundram Taluk Kancheepuram District.

4. The Block Development Officer Thirukazhikundram.

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.

(drm) 08.04.2024