Madras High CourtWP/23789/2014disposed of

M.Kirubakaran v. The Secretary To Government

2017-11-10Honourable Mr Justice S. Vaidyanathan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.23789 of 2014 & M.P.No.1 of 2014 M.Kirubakaran .. Petitioner Vs.

1.The Secretary to Government, Govt. of Tamil Nadu, Dept. of Local Administration & Water Supplies Fort St. George, Chennai - 600 009.

2.The Director of Town and Country Planning, 807, Annasalai, Chennai - 600 002.

3.The Tahsildar, Mylapore - Triplicane Taluk, Chennai - 600 028.

4.The Commissioner, Corporation of Chennai, Chennai - 600 003.

5. T.Arjunan .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 4 from not allowing the 5th respondent in proceeding with the digging of Well and construction in Town Survey, No.184, Block No.41, Thiruvanmiyur Village award costs.

For Petitioner : Mr.Packiaraj for Ms.P.J. Anitha For RR1 to 3 : Mr.S.Diwakar, Spl.G.P.

For R4 : Mr.T.C.Gopalakrishnan For R5 : Mr.Manoj Sreevatsan

ORDER

The petitioner has come forward with this petition directing the respondents 1 to 4 from not allowing the 5th respondent in proceeding with the digging of Well and construction in Town Survey, No.184, Block No.41, Thiruvanmiyur Village.

2. The case of the petitioner is that the land in Survey No.184, Block No.41, Thiruvanmiyur Village had contained a Well and during the course of time, the Well formed part of public street. The 5th respondent has now purchased a land adjacent to the Well and started digging Well in the public place. Hence, the petitioner has come forward with the writ petition for the relief stated supra.

3. It is represented by the learned counsel for the 4th respondent that the encroachment in the land in question has been removed.

4. Taking note of the above submission of the 4th respondent, the respondents 1 to 4 shall ensure that there is no further encroachment in the land in question and it has to be properly safeguarded, and if required, fencing shall be made.

5. The writ petition is disposed of with the above observation. No cots. Consequently, connected miscellaneous petition is closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar pvs To 1.The Secretary to Government, Govt. of Tamil Nadu, Dept. of Local Administration & Water Supplies Fort St. George, Chennai - 600 009.

2.The Director of Town and Country Planning, 807, Annasalai, Chennai - 600 002.

3.The Tahsildar, Mylapore - Triplicane Taluk, Chennai - 600 028.

4.The Commissioner, Corporation of Chennai, Chennai - 600 003.

+1 CC to Ms.P.J. Anitha, Advocate sr 80340.

+1 CC to Mr.T.C. Gopalakrishnan, advocate sr 79803. +1 CC to The Govt. Pleader sr 80950.

W.P.No.23789 of 2014 GP(CO) SP(06/12/2017)