Sri Ambal Nagar v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.04.2017
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH W.P. No.1331 of 2017 Sri Ambal Nagar Kudisaivaasigal Sangam, Rep. BY its President V.P.Arumugam, No.109, Arignar Anna Street, Sri Ambal Nagar, Chrompet, Chennai - 600 044.
.. Petitioner Vs 1.The Commissioner, Land Administration, Chepuak, Chennai-600 005.
2.The Collector, Kancheepuram District, Chennai.
3.The Commissioner, Office of the Pallavaram Municipality, Chennai - 600 043.
4.The Chairman, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chennai - 600 005.
5.The Secretary to Government, Revenue Department, Government of Tamil Nadu, Fort St. George, Secretariat, Chennai - 9.
..Respondents (R5 impleaded vide order dated 10.04.2017 made in W.M.P.No.
9514 of 2017 in W.P.No.1331 of 2017) PRAYER : Petition filed Under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus calling for the records on the file of the third respondent in Na.Ka.5662/2016/E1, dated 22-11-2016 and quash the same and further direct the third respondent to lay road in Ward No.38 falling within the jurisdiction of the third respondent.
For Petitioner : Ms.V.Bhavani Subbaroyan For Respondents: Mr.R.A.S.Senthilvel Additional Government Pleader for R1 & R2 Mr.P.Srinivas for R3 Mr.S.Prabhu for R4
O R D E R
Challenging the order of the third respondent dated 22.11.2016 and for a direction to the third respondent to lay road in Ward No.38, the present writ petition has been filed. 2.The petitioner made a representation to the third respondent seeking to lay the road, which was stopped abruptly in the mid way. By the impugned order, the petitioner was informed that the request is not feasible for consideration in view of the fact that the road is coming within the purview of lake by way of classification.
3.The learned counsel appearing for the petitioner has made reliance upon the communication of the Additional Chief Secretary / Commissioner of Revenue Administration/Commissioner of Land Administration (i/c) to the Principal Secretary to Government, Revenue Department, by way of letter No.B1/12130/2008 dated 30.04.2013 by which the proposals have been sent for alienation of 1.20.0 hectares of land in Survey No.522/2 of Zamin Pallavaram Village, Tambaram Taluk, Kancheepuram District, which has been classified as ''Eri Ulvoy Poramboke". Despite several representations, no progress has been made even thereafter.
4.Considering the above, without going into the merits of the case, a direction is issued to the fifth respondent to take appropriate decision on the letter dated 30.04.2013 referred supra, within a period of eight weeks from the date of receipt of a copy of the order. A copy of the said letter will have to be marked to the third respondent, who thereafter will take appropriate action, on the request made by the petitioner. The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar
To 1.The Commissioner, Land Administration, Chepuak, Chennai-600 005.
2.The Collector, Kancheepuram District, Chennai.
3.The Commissioner, Office of the Pallavaram Municipality, Chennai - 600 043.
4.The Chairman, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chennai - 600 005.
5.The Secretary to Government, Revenue Department, Government of Tamil Nadu, Fort St. George, Secretariat, Chennai - 9.
+1 cc to Mr.S.Prabhu,advocate,sr.24573 +1 cc to Mr.P.Srinivas,advocate,sr.24918.
nm(co) krd 28/4 W.P. No.1331 of 2017