R.Velu v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.08.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU R.Velu ..

Petitioner Vs.

1. The Government of Tamil Nadu Rep. by its Secretary Public Works Department Fort St. George, Chennai 600 009.

2. The Chief Engineer (Chennai Region) Water Resource Organisation Public Works Department Chepauk, Chennai 600 005.

3. The District Collector Chennai District Singaravelan Maligai Rajaji Salai, Chennai 600 001.

4. The Tahsildar Perambur Taluk Office Perambur, Chennai 600 011.

5. The Corporation of Chennai Rippon Buildings Chennai 600 003.

..

Respondents [R5 impleaded vide order dated 04.08.2016] Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to inspect, conduct an enquiry and to remove the encroachments in the water channel passage in Block No.49, Town Survey No.9 in Kodungaiyur Village, Perambur Taluk as prayed in the petitioner's representation dated 13.11.2015.

For the Petitioner : No appearance For the Respondents : Mr.P.Muthukumar State Government Pleader Assisted by Mrs.R.Anitha Special Government Pleader for Respondents 1 to 4 Mr.A.Arunbabu for Respondent-5

ORDER

(Made by the Hon'ble Chief Justice) None appears for the petitioner. We have heard Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader for the respondents 1 to 4 and Mr.A.Arunbabu, learned counsel for the fifth respondent.

2. The petitioner seeks a direction to conduct an enquiry and to remove the encroachment in the water channel passage in Block No.49, Town Survey No.9 of Kodungaiyur Village.

3. A status report is filed by the Tahsildar. It has been mentioned in the status report that the Tahsildar has inspected the subject channel on 10.07.2023 and taken serious note of the cognizance of the menace of encroachments in the Kodungaiyur water channel and also instructed the Field Officers to take immediate steps to remove the encroachment by demarcating the encroachments immediately. The status report further states that appropriate action is being taken to identify the encroachments and the encroachment would be removed within a short span of time. The respondents have also instructed the Field Officers to physically inspect the area periodically so as to avert any encroachment in the waterbody.

4. We hope and trust that the respondents will take steps as mentioned in the status report effectively. The Public Works

Department and the Corporation shall coordinate among themselves and take effective steps.

5. The writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 14.08.2023 Index :

Yes/No :

Yes/No kpl To

1. The Secretary Public Works Department Fort St. George, Chennai 600 009.

2. The Chief Engineer (Chennai Region) Water Resource Organisation Public Works Department Chepauk, Chennai 600 005.

3. The District Collector Chennai District Singaravelan Maligai Rajaji Salai, Chennai 600 001.

4. The Tahsildar Perambur Taluk Office Perambur, Chennai 600 011.

5. The Corporation of Chennai Rippon Buildings Chennai 600 003.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) 14.08.2023