M.Kumar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.10.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and WMP No.8469 of 2023 M.Kumar .. Petitioner -vs1. The District Collector, Collectorate, Chengalpattu District.
2. The Director of Zoological and Mines Resources,
3. The Executive Engineer, WRD (PWD), Lower Palar Basin Division, Kancheepuram Collectorate Campus, Kancheepuram.
4. The Assistant Director cum Special Revenue Inspector (Mines), Department of Zoology and Mines, Collectorate, Kanchipuram.
5. The Chief Engineer (General), PWD and WRO,
6. The Joint Chief Engineer (Irrigation), PWD and WRO,
7. The Chief Engineer, PWD and WRO, Operation and Maintenance,
8. The Commissionerate of Zoology and Mines Resources,
9. The Revenue Divisional Officer, Office of the RDO,
10. The Thasildar, Office of the Thasildar, Thirukazhukundram-603 109.
Chengalpattu District.
11. The Revenue Inspector, Mamallapuram, 603 104.
Thirukazhukundram Taluk, Chengalpattu.
12. The Village Administrative Officer, Kadampadi Revenue Village, Thirukazhukundram Taluk, Chengalpattu 603 104.
13. The Principal Chief Conservator of Forest, Office of the Forest, Panagal Building, Saidapet, Chennai-600 015.
14. The Chief Conservator of Forest, Chennai Circle, No.259, Anna Salai, DMS Compound 3rd Floor, Teynampet, Chennai-600 006.
15. The Superintendent of Police, Office of the Superintendent of Police,
16. M/s JSRIDPL-ARIPL (JV), M/s Aurobindo Reaility & Infrastructure Pvt. Ltd., No.4, Vivekanantha Street, Thirumoolar Colony, Anna Nagar, Chennai-600 040.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st respondent to strictly enforce and implement the terms and conditions stipulated in the order of permission issued to the 16th respondent and monitor the same based on the representation of the petitioner dated 20.02.2023. For the Petitioner : Mr.S.Arokia Mani Raj For the Respondents : Mr.P.Muthukumar, State Government Pleader, for RR 1 to 15 : No appearance for R-16 * * * * *
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr. S.Arokia Mani Raj, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader, for respondent Nos.1 to 15.
2. The learned counsel for the petitioner submits that the land in S.No.39 belongs to Forest Department and the lands in S.Nos.41 and 43/2 are Government poromboke land. The land in S.No.40 is a big lake for which only permission is granted with stipulated conditions. The same is violated by respondent No.16. The respondent No.1 be directed to strictly implement the conditions stipulated in the permission granted to Respondent No.16.
3. The learned State Government Pleader, on instructions, submits that the lease granted in favour of respondent No.16 has been cancelled on 17.05.2023 and directions are given not to grant new lease on the subject land. The said statement is accepted. In light of the above, the writ petition is disposed of. There will be no order as to costs. Consequently, W.M.P.No.8469 of 2023 is closed.
(S.V.G., CJ.) (D.B.C., J.) 10.10.2023 Index : Yes/No : Yes/No sra
To
1. The District Collector, Collectorate, Chengalpattu District.
2. The Director of Zoological and Mines Resources,
3. The Executive Engineer, WRD (PWD), Lower Palar Basin Division, Kancheepuram Collectorate Campus, Kancheepuram.
4. The Assistant Director cum Special Revenue Inspector (Mines), Department of Zoology and Mines, Collectorate, Kanchipuram.
5. The Chief Engineer (General), PWD and WRO, Chepauk, Chennai-600 005.
6. The Joint Chief Engineer (Irrigation), PWD and WRO, Chepauk, Chennai-600 005.
7. The Chief Engineer, PWD and WRO, Operation and Maintenance,
8. The Commissionerate of Zoology and Mines Resources,
9. The Revenue Divisional Officer, Office of the RDO, Chengalpattu, Chengalpattu District.
10. The Thasildar, Office of the Thasildar, Thirukazhukundram-603 109, Chengalpattu District.
11. The Revenue Inspector, Mamallapuram, 603 104.
Thirukazhukundram Taluk, Chengalpattu.
12. The Village Administrative Officer, Kadampadi Revenue Village, Thirukazhukundram Taluk, Chengalpattu 603 104.
13. The Principal Chief Conservator of Forest, Office of the Forest, Panagal Building, Saidapet, Chennai-600 015.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sra)
14. The Chief Conservator of Forest, Chennai Circle, No.259, Anna Salai, DMS Compound 3rd Floor, Teynampet, Chennai-600 006.
15. The Superintendent of Police, Office of the Superintendent of Police, 10.10.2023