S.L.Raviraj Pandla v. The District Collector
d IN THE HIGH COURT OF JUDICATUE AT MADRAS DATED: 05.08.2024
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.Mr.S.L.Raviraj Pandla 2.Mr.Dhanakodi Harinarayana Rao 3.Mrs.Sumathi Rao 4.Mr.Tanish Pandla 5.Mrs.Anitha Ramesh .. Petitioners Vs 1.The District Collector, Chengalpattu.
2.The Assistant Divisional Engineer, (Construction and Maintenance), State Highways, Changalpattu.
3.Tahsildar, Tiruporur Taluk, Chengalpattu.
.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India seeking for issuance of a writ of mandamus directing the respondents to construct a proper water channel so that flood water is diverted from Survey No.1395/d of Thaiyur Village, Thiruporur Taluk, 1/6
Chengalpattu District, into common area.
For Petitioner : Mr.V.Ramesh, Sr.Counsel for Mr.R.Ashwanth For Respondents : Mr.C.Kathiravan, Spl.GP
ORDER
The writ petition has been filed for a direction directing the respondents to construct a proper water channel so as to divert flood water from Survey No.1395/d of Thaiyur Village, Thiruporur Taluk in Chengalpattu District, into common area.
2. The petitioner had purchased their respective housing plots in Survey No.1395/d of Thaiyur Village, Thiruporur Taluk in Chengalpattu District. The Highways Department has constructed a four water channel bridges cutting across Old Mahabalipuram Road (OMR), running from east to west, which was objected by then itself. After Vardah cyclone in 2016, water was let into this channel, which has ultimately inundated the plots belonging to the petitioners. The petitioners are unable to use to their plots for construction. Therefore, the petitioners submitted a 2/6
representation and also issued a legal notice dated 18.12.2023 for construction of proper water channel/bridges to divert flood water from their residential plots.
3. On perusal of the counter affidavit filed by the third respondent, it is revealed that the ownership of the petitioners in the lands comprised in Survey No.1395 D is not in dispute. Further, on inspection of housing plots of the petitioners by the third respondent, it is revealed that excess water, which is flowed in the said Village, runs through four water channel bridges in State Highway Road, and reaches Buckingham Canal in Survey No.1402 after crossing the housing plots owned by the petitioners. Now, all the housing plots of the petitioners are lying vacant without any water logging. However, during rainy season, those plots would be inundated.
4. Further, on inspection, the Divisional Engineer, Construction & Maintenance, State Highways, Chengalpattu, in his report dated 22.04.2024, stated that in order to drain rain water in Thaiyur Village, construction of bridge is under progress at 38/4 km. Further, at the distance of 37/8(ii) and 37/8(i), there is a proposal for construction of 3/6
Pipeline Culvert.
5. In view of the above, the respondents are directed to consider the request made by the petitioners in view of the report dated 22.04.2024 submitted by the Divisional Engineer, Construction & Maintenance, State Highways, Chengalpattu, as expeditiously as possible. With the above direction, the writ petition is disposed of. No Costs. 05.08.2024 Index: yes/no rkm 4/6
To 1.The District Collector, Chengalpattu.
2.The Assistant Divisional Engineer, (Construction and Maintenance), State Highways, Changalpattu.
3.Tahsildar, Tiruporur Taluk, Chengalpattu.
G.K.ILANTHIRAIYAN, J.
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W.P.No.12950 of 05.08.2024 6/6