Dr.P.N.Vinoth v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.06.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI and W.M.P.Nos.13940 to 13942 of 2024 in Dr.P.N.Vinoth ... petitioner Vs.
1.
The State of Tamil Nadu Rep. By its Principal Secretary The Department of Municipal Administration and Water Supply Fort St.George, Chennai - 09 2.
The State of Tamil Nadu Rep. By its Secretary to Government Public Works Department Fort St.George, Secretariat Chennai - 600 009 3.
The State of Tamil Nadu Rep. By its Secretary to Government Page Nos.1/17
Department of Revenue Fort St.George Chennai - 600 009 4.
The State of Tamil Nadu Rep. By its Secretary to Government Public Works Department (WRD), Chennai Fort St. George, Chennai - 600 009 5.
The State of Tamil Nadu Rep. By its Commissioner or Land Administration Ezhilagam, Chepquk Chennai - 600 005 6.
The State of Tamil Nadu Rep. By its Collector, Kancheepuram Kancheepuram Collector Office Campus First Floor, Collectorate Kancheepuram District - 631 501 7.
The State of Tamil Nadu Rep. By its Member Secretary Chennai Metropolitan Development Authority (CMDA) "Thalamuthu-Natarajan Maaligai"
No.1, Gandhi Irwin Road Egmore, Chennai - 600 008 8.
The State of Tamil Nadu Rep. By its Director / Commissioner Directorate of Town and Country Planning 2nd, 3rd and 4th Floor C & E Market Road Koyambedu, Chennai - 600 107 9.
District Revenue Officer Collectorate Campus Page Nos.2/17
Vandavasi Salai Kanchipuram - 631 501
10. The Tahsildar Alandur Taluk 1st Main Road, Macmillan Colony Nanganallur, Alandur Chennai - 600 061 11.The Managing Director & Chairman Nova Life Space Private Ltd., 309, Bay City Centre, 2nd Floor P.H.Road, Kilpauk Chennai - 600 010
12. The District Collector Collectorate Office Singaravellar Malligai Chennai - 600 001 ... Respondents [R12 suo motu impleaded vide this order] Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondent namely State of Tamil Nadu and the Principal Secretary, Second respondent, the Public Works Department, third respondent Secretary to Revenue Department, the fourth respondent Secretary to Water Resources Department and the fifth respondent the Commissioner of Land Administration for demarcation of existed water Channels and Canals without re-routing the same on the patta land thereby pave the way for natural course of free flow of storm water drain into Adyar River by removing the encroachments made in the water Page Nos.3/17
body and water courses in Village Number 78, Manapakkam, Alandur Taluk, Kancheepuram District consequently direct all the respondents to consider the notices, dated representation dated 05.11.2023 and 05.02.2024 and 04.04.2024.
For Petitioner :
Mr.V.Rajasekar For Respondents :
Mr.A.Selvendran Special Government Pleader Assisted by Mr.T.K.Saravanan Government Advocate for R1 to R10 and R12
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] Captioned writ petition has been filed in this Court on 10.04.2024 with a mandamus prayer qua demarcation of water channels and canals that existed (existed according to the writ petitioner) without re-routing the same on patta land.
2. The writ petitioner has sent representations and in the hearing, learned counsel abridged the prayer to the effect that a direction to dispose Page Nos.4/17
of the representation dated 04.04.2024 will address the issue for the present.
3. Issue notice to Official Respondents (R1 to R10). Mr.A.Selvendran, learned Special Government Pleader assisted by Mr.T.K.Saravanan, learned Government Advocate accepts notice for R1 to R10. To be noted, R11 is a private respondent and is alleged to be dumping waste material and causing damage to the Channels and Canals.
4. Owing to the abridged prayer, the perimeter of the captioned writ petition has shrunk and therefore, with the consent of both sides, main writ petition was taken up. As regards R11, we will be putting a safety valve in place and it will be set out infra.
5.As regards the prayer for consideration of representation dated 04.04.2024, we deem it appropriate to scan and reproduce the representation as placed before us and the same is as follows: Page Nos.5/17
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6. Learned State counsel submits that Collector of Chennai will be the appropriate authority (considering the location). Therefore, we suo motu implead District Collector, Collectorate Office, Singaravellar Malligai, Chennai- 600 001 as R12. Registry to make necessary and consequential amendments in the case file and ensure that the same is reflected in this order before it is uploaded and/or before certified copies are issued.
7. We dispose of the writ petition with a simple directive to R12 to consider and pass orders on aforementioned 04.04.2024 representation on its own merits and in accordance with law albeit after putting R12 on notice and giving reasonable opportunity to R11. We make it clear that when we say 'reasonable opportunity', it shall not be construed as personal hearing and as to whether there should be personal hearing will be at the discretion of R12.
8. If there is a personal hearing, both sides will be accorded opportunity i.e., writ petitioner and R11.
9. We direct R12 to complete the aforementioned exercise as expeditiously as the official business of R12 would permit but in any event within eight weeks from today i.e., by 02.08.2024. Copy of the Page Nos.13/17
proceedings/orders disposing of the aforementioned representation shall be served by the Office of R12 to the writ petitioner as well as R11 under due acknowledgment within seven (7) working days from the date of disposal. Captioned main writ petition disposed of in the aforesaid manner with aforementioned simple directive. Consequently, captioned three WMPs are disposed of as closed. Though obvious, we make it clear that we have not expressed any view or opinion on the merits of the matter as the representation would be considered on its own merits and in accordance with law by R12. There shall be no order as to costs. (M.S.,J.) (K.G.T.,J.) 07.06.2024 Index : Yes / No Speaking / Non-speaking gpa To 1.
The Principal Secretary The Department of Municipal Administration and Water Supply Fort St.George, Chennai - 09 2.
The Secretary to Government Public Works Department Page Nos.14/17
Fort St.George, Chennai - 600 009 3.
The Secretary to Government Department of Revenue Fort St.George Chennai - 600 009 4.
The Secretary to Government Public Works Department (WRD), Chennai Fort St. George, Chennai - 600 009 5.
The Commissioner or Land Administration Ezhilagam, Chepquk Chennai - 600 005 6.
The Collector, Kancheepuram Kancheepuram Collector Office Campus First Floor, Collectorate Kancheepuram District - 631 501 7.
The Member Secretary Chennai Metropolitan Development Authority (CMDA) "Thalamuthu-Natarajan Maaligai"
No.1, Gandhi Irwin Road Egmore, Chennai - 600 008 8.
The Director / Commissioner Directorate of Town and Country Planning 2nd, 3rd and 4th Floor C & E Market Road Koyambedu, Chennai - 600 107 9.
District Revenue Officer Collectorate Campus Vandavasi Salai Kanchipuram - 631 501 10.
The Tahsildar Alandur Taluk 1st Main Road, Macmillan Colony Nanganallur, Alandur Chennai - 600 061 Page Nos.15/17
11. The District Collector Collectorate Office Singaravellar Malligai Chennai - 600 001 Page Nos.16/17
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., gpa 07.06.2024 Page Nos.17/17