Durai v. The Principal Secretary To The Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.02.2024
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.Nos.2390 and 2391 of 2024
1. Durai
2. Thanam
3. Chellathai
4. Madheswaran
5. Ramesh
6. Indradevi
7. Prabavathy
8. Murugan
9. Sundari 10.V.Selvaraj 11.R.Geetha 12.Venkatesan 13.Shanthi 14.Gladys 15.Rajendran 16.P.Subramani 17.Alamelumangai 18.A.Mani 19.Rajeshwari 20.Ramu .. Petitioners -vs1.The Principal Secretary to Government Public Works Department, Secretariat, Chennai-600 009.
2.The District Collector Office of the District Collector Thiruvallur-602 001.
3.The Commissioner Avadi Municipality Office of the Commissioner NM Road, TNHB, Avadi Chennai 600 054.
4.The Tahsildar Office of the Tahsildar Avadi, Chennai 600 072.
5.The Assistant Engineer Water Resources Department Adayaru Irrigation Division St.Thomas Mount, Chennai 600 016.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari to call for the records pertaining to the issuance of Form III notice under rule 6(1) of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules 2007 issued by the 5th respondent dated 12.01.2024 and quash the same.
For the Petitioner :
Mr.B.Kumarasamy For the Respondents :
Mr.K.Karthik Jagannath Government Advocate -RR 1, 2 and 4 Mr.R.A.Gopinath Standing Counsel - for R3 * * * * *
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.B.Kumarasamy, learned counsel for the petitioners, Mr.K.Karthik Jagannath, learned Government Advocate for Respondents 1, 2 and 4, and Mr.R.A.Gopinath, learned Standing Counsel for the third respondent.
2. Learned counsel for the petitioners on instructions submits that the petitioners would approach the National Green Tribunal (NGT).
3. In the light of the said statement, the petitioners may avail the remedy as permissible under law. The writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, W.M.P.Nos.2390 and 2391 of 2024 are closed.
W.M.P.No.2389 of 2024 filed to permit the petitioners to file a single writ petition is allowed and disposed of, inasmuch as the petitioners have paid separate court fee.
(S.V.G., CJ.) (D.B.C., J.) 02.02.2024 Index : Yes/No : Yes/No KST
To 1.The Principal Secretary to Government Public Works Department, Secretariat, Chennai-600 009.
2.The District Collector Office of the District Collector Thiruvallur-602 001.
3.The Commissioner Avadi Municipality Office of the Commissioner NM Road, TNHB, Avadi Chennai 600 054.
4.The Tahsildar Office of the Tahsildar Avadi, Chennai 600 072.
5.The Assistant Engineer Water Resources Department Adayaru Irrigation Division St.Thomas Mount, Chennai 600 016.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(kst) 02.02.2024