L.Srinivasan 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. 21996 of 2015 and M.P. No. 1 of 2015 1 L.Srinivasan 2 M.Rajan 3 S.Ramesh 4 P.Babu 5 M.Kandasamy 6 K.Lakshmidevi 7 S.Venu 8 K.Paramasivan 9 G.Sulochana 10 G.Prabakaran 11 R.Chithra 12 M.Mothibai 13 M.Dhanushu 14 A.Lakshmi 15 Bhuvaneshwari 16 S.Rajammal 17 K.Anbu 18 K.Vimal 19 R.Jaishankar 20 L.John Sagaraj 21 K.Selvaraj 22 C.Mutharasu 23 D.Lawrence 24 D.Subbiah 25 P.Rajaram .. Petitioners vs.

1 The District Collector Thiruvallur District Thiruvallur.

2 The Tahsildar Ambattur Taluk

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

4 The Executive Engineer Public Works Department 5 The Assistant Engineer Public Works Department, Redhills 6 The Junior Engineer Public Works Department, Redhills .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents from evicting or interfering or disturbing with the peaceful possession and enjoyment of the petitioners' residential property situated in Survey Nos.1 and 2, Bharath Nagar Extension, Survey No.4, Sabari Iyyappan 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 6 The Junior Engineer Public Works Department, Redhills +1 cc to Mr.M.V.Muralideran,Advocate(sr.50107) W.P. No. 21996 of 2015 pa(co) cp 30/09/2015