Madras High CourtWP/9476/2022disposed of

A.Anandan v. The Director Collector

2023-10-12Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.10.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY A.Anandan .. Petitioner Vs

1. The Director Collector Tiruvallur District, Tiruvallur

2. The Revenue Divisional Officer Ponneri Revenue Division, Ponneri 601 204, Tiruvallur District

3. The Tahsildar Ponneri Taluk office, Ponneri 601 204, Tiruvallur District.

4. The Chief Engineer Public Works Department (WRD), (Operation and Maintenance of Rivers), Chepauk, Chennai 05

5. The Executive Engineer Public Works Department (WRD), Araniyar Basin Division, Chepauk, Chennai 05

6. The Assistant Executive Engineer (Public Works Department - Water resources), Araniyar Basin Sub-Division, Ponneri - 601 204

7. The Executive Officer Ponneri Town Panchayat, Ponneri 601 204, Tiruvallur District

8. The District Superintendent of Police Tiruvallur District, Tiruvallur

9. The Inspector of Police Ponneri Police Station, Ponneri 601 204, Tiruvallur District

10. E.RANJINI

11. SILKAMMA

12. V.VIJAYA

13. B.VENGATESH

14. S.SANKAR

15. E.VENGATESH

16. PUSHPHA

17. M.GOPI

18. BINDHU

19. R.JERINA

20. R.APPLE

21. R.RAVANAMNMAL

22. K.PRATAP

23. R.RAVI

24. R.KUMAR

25. P.MANOHAR

26. M.RAVI

27. V.KOTTAMMA

28. EMJI

29. S.RAVANAMMAL

30. SUMITHA

31. M.PUSHPHA

32. NAGARAJ

33. VEERAMMAL

34. S.VENKATESAN

35. VENKATSAN

36. LAKSHMI

37. N.JINDHALAL

38. V.VENGATESAN

39. R.SIRANJIVI

40. KALA

41. MEENAMBATHAN MANNURSINGH

42. V.LATHA

43. R.VELANGANNI

44. N.KAMALA

45. S.MANIVANNAN

46. MYTHILI

47. R.MEENA

48. M.SANTHI

49. S.RUBINI

50. S.TAIGAR

51. R.PREMU

52. KULLIKA

53. R.BAKKIYARAJ

54. KOTHAMM

55. KOLANUR

56. NAKKALA

57. K.BALAIYA ..

Respondents (R10 TO R57 IMPLEADED VIDE ORDER DT. 02.09.2022 MADE IN WMP.22788/2022) Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to consider the representation of the petitioner dated 26.04.2021 and take necessary and appropriate steps to remove the encroachments made in the river bunds of Araniyar and also prevent the public from letting the drainage and sewage water in to the river and thereby protect, safeguard and maintain the ecosystem and environment condition of the Araniyar.

For the Petitioner : Mr.R.Munuswamy For the Respondents : Mr.P.Muthukumar State Government Pleader for respondents 1 to 6 : Mr.P.Srinivas for respondent No.7 : Mr.R.Muniyapparaj Addl. Public Prosecutor for respondents 8 and 9 : Mr.M.D.Illayaraja for respondents 10 to 57

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.R.Munuswamy, learned counsel for the petitioner; Mr.P.Muthukumar, learned State Government Pleader for respondents 1 to 6; Mr.P.Srinivas, learned counsel for respondent No.7; Mr.R.Muniapparaj, learned Additional Public Prosecutor for respondents 8 and 9; and, Mr.M.D.llayaraj, learned counsel for respondents 10 to 57.

2. The present writ petition has been filed to remove the encroachments made in the river bunds of Araniyar and also to prevent the public from letting the drainage and sewage water into the river.

3. The sixth respondent has filed the status report on behalf of respondents 4 and 5 stating that Form-I notices are already issued on 11.7.2022 and by following the due process of law, Form-II notices are also affixed on the notice board along with Form-I notices to the general public. Form-II notices have been published on 21.7.2022 and notices in Form-III are to be served to the encroachers as per the particulars furnished by the Tahsildar in Form-I notices. Form-III notices are under preparation and would be served individually by the Junior Engineer, WRD, Irrigation Section, Ponneri. After 21 days from serving of Form-III notices, the eviction would be carried on.

4. The communication received from the Tahsildar, Ponneri is also placed on record. In the said communication, it has been

stated that there are 881 encroachments and the PWD authorities have initiated eviction process under the Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules, 2007. Necessary steps would be undertaken to remove the encroachments.

5. Learned counsel for the private respondents submits that all the private respondents are occupying the subject writ land on the basis of the instructions of the revenue officials since two decades. Learned counsel submits that if the respondent authorities are to evict the private respondents from the said land, they should allot alternate sites. Many representations are given in this regard.

6. The private respondents may prosecute the representations with the Government authorities in that regard as may be permissible under law.

7. As the statement is made that the eviction proceedings have been undertaken and Form-I and Form-II notices are already published and Form-III notices are under preparation, we hope and

trust that the Government authorities would proceed in accordance with law for clearing the river bunds of Araniyar expeditiously.

8. With these observations, the writ petition stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 12.10.2023 Index :

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