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Madras High CourtWP/7407/2023disposed of

P.Umapathy v. The Principal Secretary To Government

2023-10-05Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.10.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and WMP No.7489 of 2023 P.Umapathy .. Petitioner -vs1. The Principal Secretary to Government, Transport Department, Fort St. George, Chennai 600 009.

2. The District Collector, Chengalput District, Chengalput.

3. The Member Secretary, Chennai Metropolitan Development Authority (CMDA), Chepauk, Chennai 600 005.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the respondents from initiating construction of new bus stand of Chengalpattu in S.Nos.54, 56, 67, 68, 69, 70, 71 at Venpakkam Village.

For the Petitioner :

Ms.D.Bharathy

For the Respondents :

Mr.P.Kumaresan Addl. Advocate General Assisted by Mrs.R.Anitha, Special Government Pleader, for RR 1 and 2 :

Mr.Sesubalan Raja for M/s.Siva and Sesu Associates for R-3 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard M/s.D.Bharathy, learned counsel for the petitioner, Mr.P.Kumaresan, learned Additional Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader, for respondent Nos.1 and 2 and Mr.Sesubalan Raja, learned counsel for respondent No.3.

2. The learned Additional Government Pleader submits that S.No.70 is classified as Kulam Poramboke and conditions are imposed to maintain the water body free from encroachment and to maintain it as a Kulam Poramboke in the revenue record. It is further submitted that the bus stand would not be constructed on the subject writ land. The Government Order bearing G.O. (Ms.) No.347, Revenue and

Disaster Management Department, issued in that regard is also placed on record.

3. The aforesaid statement takes care of the apprehension of the petitioner.

The writ petition as such is disposed of. There will be no order as to costs. Consequently, W.M.P.No.7489 of 2023 is closed. (S.V.G., CJ.) (D.B.C., J.) 05.10.2023 Index : Yes/No : Yes/No sra To

1. The Principal Secretary to Government, Transport Department, Fort St. George, Chennai 600 009.

2. The District Collector, Chengalput District, Chengalput.

3. The Member Secretary, Chennai Metropolitan Development Authority (CMDA), Chepauk, Chennai 600 005.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(sra) 05.10.2023