D.Charles, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.08.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.15576 of 2016 D.Charles ... Petitioner -Vs1. The District Collector Kanchipuram District Kanchipuram

2. The Revenue Divisional Officer Chengalpattu Kanchipuram District

3. The Thasildar Thiruporur Kanchipuram District

4. The Revenue Inspector Mambakkam Thiruporur Taluk Kanchipuram District

5. The Block Development Officer Village Panchayats Ponmar Village Chennai-127

6. The Village Administrative Officer Ponmar Village Thiruporur Taluk Kanchipuram District

7. Elumalai

8. Mangalambigai

9. V.Krishnasamy Chettiar

10. The Assistant Engineer (O & M) TANGEDCO, Mambakkam Thiruporur Taluk ... Respondents

Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents 1 to 6 to take effective action to remove and demolish the encroachments made by the respondents 7 to 9 in survey Nos.472/2, 472/3, 471/13 and 147 viz., Kuttai (water body), street and kuttai (water body) respectively at Ponmar village, Thiruporur Taluk, Kanchipuram District and also to restore the water channel by removing the encroachments therein and also forbear the respondents 1 to 6 to immediately stop further construction made by the respondents 7 to 9 in the above said property and also direct the 10th respondent to take necessary action to protect electricity lines in the street. For Petitioner :

Mr.N.Suresh For Respondents :

Mr.P.S.Sivashanmugasundaram Special Government Pleader for R1 to R4 and R6 Mr.P.Chinnadurai for R5 Mr.C.Venkatesan for R7 & R8 Notice served on R9-No appearance

ORDER

(Order of the Court was delivered by HULUVADI G.RAMESH, J.) The petitioner seeks for issuance of a writ of mandamus, directing the respondents 1 to 6 to take effective action to remove and demolish the encroachments made by the respondents 7 to 9 in survey Nos.472/2, 472/3, 471/13 and 147 viz., Kuttai (water body), Street and Kuttai (water body) respectively at Ponmar village, Thiruporur Taluk, Kanchipuram District and also to restore the water channel by removing the encroachments therein and also forbear the respondents 1 to 6 to immediately stop further construction made by the respondents 7 to 9 in the above said property and also direct the tenth respondent to take necessary action to protect electricity lines in the street.

2. Heard the learned counsel for the parties.

3. In furtherance of the order passed earlier, as per the submission of the learned Special Government Pleader for the respondents 1 to 4 and 6, it appears that steps have been taken for removal of the encroachment by issuing notices and the learned counsel appearing for the respondents 7 and 8 also submitted that they have received the notice. In the circumstances, as requested by the petitioner, action is being

taken and law is set in motion by the respondents/authorities. Accordingly, the writ petition stands disposed of to see that the illegal occupants are removed in the course of time. Consequently, W.M.P.No.13542 of 2016 is closed. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ss To

1. The District Collector Kanchipuram District Kanchipuram

2. The Revenue Divisional Officer Chengalpattu Kanchipuram District

3. The Thasildar Thiruporur, Kanchipuram District

4. The Revenue Inspector Mambakkam Thiruporur Taluk Kanchipuram District

5. The Village Administrative Officer Ponmar Village Thiruporur Taluk Kanchipuram District +1cc to Mr.N.Suresh, Advocate, S.R.No.49357 +1cc to Mr.P.Chinnadurai, Advocate, S.R.No.49268 +1cc to Mr.C.Venkatesan, Advocate, S.R.No.49042 +1cc to the Government Pleader, S.R.No.49288 W.P.No.15576 of 2016 SV(CO) CA(14/09/2016)