R.Viswanathan, v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.12.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P. No.24634 of 2014 R.Viswanathan .. Petitioner -vs1.The District Collector, Thiruvallur District.

2.The Tahsildar, Ambattur Taluk, Thiruvallur District.

3.The Superintendent Engineer, PWD Department, Thiruvallur District.

4.The Commissioner, Avadi Municipality, Thiruvallur District.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents to survey the lake in S.No.681, Thirumullaivayal Village, Ambattur Taluk, Thiruvallur District and situate within jurisdiction of Avadi Municipality and remove the encroachment, particularly on its western boundary, where a name board is erected as ''marshal Nesamani Garden, Avadi Municipality'' and construction made therein under such guise, within a time frame as may be fixed by this Court.

For Petitioner :

Mr.R.Veeramani For Respondents :

Mr.R.Vijayakumar Addl.G.P. for RR 1 to 3 :

Mr.P.Srinivas for R-4

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) Learned counsel for the fourth respondent states that on inspection being made, it was found that the allegation of the petitioner of encroachment on water body is correct, but the concerned authority to take action is the third respondent / Superintendent Engineer, Public Works Department. 2.Learned Additional Government Pleader states that the third respondent will cause an inspection to be again made, if required, within fifteen (15) days from the date of receipt of the order and action against encroachment be initiated and after notice to all concerned, concluded within a maximum period of three (3) months thereafter. The Municipality will co-operate with the parties, if any assistance is required, as also would the local police authorities.

3.Writ petition, accordingly, stands disposed of. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

sra To 1.The District Collector, Thiruvallur District.

2.The Tahsildar, Ambattur Taluk, Thiruvallur District.

3.The Superintendent Engineer, PWD Department, Thiruvallur District.

4.The Commissioner, Avadi Municipality, Thiruvallur District.

+1cc to Mr.V. Raghava chari, Advocate, S.R.No.74171 +1cc to Mr.P. Srinivas, Advocate, S.R.No.74130 +1cc to the Government Pleader, S.R.No.74080 rsy(CO) md(27/12/2016) W.P.No.24634 of 2014