Madras High CourtWP/21132/2015disposed of

Chennai Nerkundram Reddy v. The District Collector

2015-09-21Honourable The Chief Justice,Honourable Mr Justice T. S. Sivagnanam3 pages

IN T HE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.09.2015 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE T.S.SIVAGNANAM W.P. No. 21132 of 2015 Chennai Nerkundram Reddy Welfare Association, Rep. By the Secretary, M.Vasu Reddy.

.. Petitioner -vs1.The District Collector, Thiruvallur District, Thiruvallur.

2.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai.

3.The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping Station Road, Chennai.

4.The Executive Engineer-I (C) Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping Station Road, Chennai.

5.The Executive Officer, Nerkundram Grade 1 Panchayat, Nerkundram, Thiruvallur District.

6.The Commissioner, Hindu Religious & Charitable Endowment Board, Nungambakkam, Chennai.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus to call for the records relating to the 4th respondent proceedings dated 18.05.2015 addressed to the counsel for the petitioner and quash the same as illegal and consequently direct the respondents to restore the Sri

Mari Narayaniamman temple pond situated in Survey No.81/1 at Nerkundram Village, Maduravoyal Taluk, Thiruvallur district for the public purposes of water storage and conduct obsequies ceremonies. For Petitioner :

Mr.V.Vasanthakumar for M/s.K.Muthuramalingam For Respondents :

Mr.S.T.S.Murthy, Govt. Pleader assisted by Mr.V.R.Kamalanathan, Addl.G.P.

and Mr.V.Shanmugha Sundar, Govt. Advocate for RR 1, 5 & 6 :

Mr.K.Soundararajan for R-2 :

Mr.V.Perumal for RR 3 and 4

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) A report of the Joint Meeting held between the departments is placed before the Court. Learned counsel for the petitioner states that he is satisfied with the decisions taken as per 'A' and 'B' with all their sub-paras, but that a time period may be specified. 2.On our query, learned counsel appearing for the third and fourth respondents states that necessary action will be completed within a period of one year from today. The aforesaid statement is taken on record and the respondents will remain bound by the same. 3.As far as the issue in para 'C' is concerned dealing with the width of the road, really speaking the second respondent is concerned with the same, which appears not to have been involved with the decision making process. There is no specific prayer in the writ petition in this behalf.

4.The question really is whether it is a 40 feet wide road as claimed by the learned counsel for the petitioner or is 20 feet wide road. The Corporation will, after verifying from records, inform the petitioner about the same along with the requisite material in support thereof.

5.The needful be done within one month of receipt of this order.

6.Writ Petition, accordingly, stands disposed of. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar sra To 1.The District Collector, Thiruvallur District, Thiruvallur.