A.Gomathy v. The District Collector

In the High Court of Judicature at Madras Dated: 11.09.2015 Coram:

The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice and The Honourable Mr. Justice T.S.SIVAGNANAM Writ Petition No. 21994 of 2015 and M.P. No. 1 of 2015 1 A. Gomathy 2 Nagammal 3 R.Bhuvaneswari 4 M.Pichandi 5 V.Rajendran 6 K.Balaji 7 M.Mayavel 8 Birugunath Prasad @ B.N.Prasath 9 G.Kasthuri 10 M.David Johnson 11 Muniyammal 12 P.Gopal 13 R.Manimegalai 14 K.Sankaralingam 15 A.Gopala Krishnan 16 R.E. Balaraman 17 D.Velu 18 J.Mathew 19 Sankari 20 S.Shanthi 21 J.Gowri 22 V.Chinniah 23 S.Kalaivanan 24 D.Adhlakshmi 25 N.Gopal 26 V.Ponniah 27 Ezhilarasi 28 S.Selvaraj 29 G.Jesadeesan 30 S.Jegadeesan 31 R.Annamalai 32 K.Sethambaram 33 P.Adhilakshmi 34 C.Shanthi 35 J.Perumal 36 S.Sunapatha

37 A.Lurdhusamy 38 S.Dhanasekar 39 M.Adhi 40 R.Shanthi 41 K.Manivannan 42 S.Damodharan 43 M.Venkatachalam 44 R.Rajeshwari 45 A.Kumaresan .. Petitioners vs.

1 The District Collector Thiruvallur District Thiruvallur.

2 The Tahsildar Ambattur Taluk Thiruvallur District.

3 The Chief Engineer Chennai Region Water Resource Organization Public Works Department, Chennai.

4 The Executive Engineer Public Works Department Thiruvallur District.

5 The Assistant Engineer Public Works Department, Redhills Thiruvallur District.

6 The Junior Engineer Public Works Department, Redhills Thiruvallur District.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents from interfering or disturbing with the peaceful possession and enjoyment of the petitioners' residential property situated in Survey No.1, Bharath Nagar Extension, Survey No.2, Bharath Nagar Extension, Survey No.4, Sri Sabari Iyyappan Nagar, Survey No.28, Krishna Nagar, Kamaraj Nagar, Menambedu Village, Ambattur, Chennai-600 053, Thiruvallur District, except due process of law.

For Petitioners : Mr. M.V. Muralidharan For Respondents : Mr. S.T.S. Murthi, Govt. Pleader, assisted by Mr. V.R. Kamalanathan Addl. Govt. Pleader.

O R D E R

(Made by The Hon'ble The Chief Justice) It appears that the writ petition has been filed on mere apprehension without any cause of action in view of the stand taken in the common counter-affidavit filed by the third and fourth respondents, where it is stated that whatever action would be taken will be in accordance with law.

2. We may note that the issue pertains to encroachment of land in eri/water body and thus, the respondents are certainly entitled to take expeditious action to clear any occupation on the water body.

3. The writ petition is dismissed, taking the statement made in the counter-affidavit on record. No costs. Consequently, M.P. No.1 of 2015 is also dismissed.

-Sd/- Assistant Registrar(cs-II) //True copy// Sub Assistant Registrar ATR Copies to;

1 The District Collector Thiruvallur District at Thiruvallur.

2 The Tahsildar Ambattur Taluk, Thiruvallur District.

3 The Chief Engineer Chennai Region, Water Resource Organization Public Works Department, Chennai.

4 The Executive Engineer Public Works Department, Thiruvallur District. 5 The Assistant Engineer Public Works Department, Redhills Thiruvallur District.

6 The Junior Engineer Public Works Department, Redhills Thiruvallur District.

+1 cc to the Government Pleader (sr.49865) +1 cc to Mr.M.V.Muralidaran,Advocate(sr.50108) W.P. No. 21994 of 2015 pa(co) cp 30/09/2015