R.Murali v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.10.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.Murali ..
Petitioner Vs.
1. The District Collector 4th Floor, M.Singaravelar Maaligai 62, Rajaji Salai, Chennai Collectorate Chennai 600 001.
2. The Revenue Divisional Officer Ambattur Division Padi Kuppam Road, ONGC Housing Anna Nagar West Extension, Chennai District.
3. The Tahsildar Maduravoyal Taluk 35HF+559, Bharathi Salai Mogappair West, Ambattur Industrial Estate Chennai 600 037.
4. The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No.1, Gandhi-Irwin Road Egmore, Chennai 600 008.
5. Tamil Nadu Brick Industries Rep. by its Managing Director N.D.Ramamurthy No.47, Mangali Nagar 1st Street Arumbakkam, Chennai 106.
6. M/s. Brigade Enterprises Ltd.
Floor No.29 & 30, World Trade Centre Brigade Gateway Campus 26/1, Dr.Rajkumar Road, Malleswaram Rajaji Nagar, Bangalore 560 055.
..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to consider the representation dated 23.03.2023 and to remove the entire encroachments in the Chanel comprised in S.No.147/3, Nolambur Village, Maduravoyal Taluk, Chennai District. For the Petitioner : Mr.T.N.Rajagopalan For Mr.A.Saravanan For the Respondents : Mr.P.Muthukumar State Government Pleader for Respondents 1 to 3 Ms.Shanmugavalli Sekar Standing Counsel for Respondent-4 Mr.Kuberan For M/s. Rank Associates for Respondent-5
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.T.N.Rajagopalan, learned counsel for Mr.A.Saravanan, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader for the respondents 1 to 3, Ms.Shanmugavalli Sekar, learned Standing Counsel for the fourth respondent and Mr.Kuberan, learned counsel for the fifth respondent.
2. The petitioner is a resident of Anna Nagar, Chennai. The petitioner contends that the petition is filed in public interest as there is an encroachment on the water channel situated in Nolambur Village, Chennai.
3. According to learned counsel for the petitioner, the petitioner collected necessary information.
4. We fail to understand as to how the petitioner could be, even remotely, concerned with the situation in a Village when the petitioner is not at all the resident of the said Village.
5. Learned counsel for the petitioner submits that the petitioner's in-laws are residing in Nolambur Village.
6. Still, the petitioner cannot say that he has any knowledge about the same. We do not find any public interest in the matter.
7. A counter-affidavit is filed by the fifth respondent. It is stated that there is no water channel in S.No.147/3. The fifth respondent is provided with patta and it is in possession of the said land. The sale deeds are also registered. It is further stated that Chennai Metropolitan Development Authority has also accorded proper approval for construction, after verifying the revenue records.
8. In view of the fact that the construction is as per record, there is no merit in the writ petition. Accordingly, the same is dismissed. Cost in cause.
(S.V.G., CJ.) (D.B.C., J.) 11.10.2023 Index :
Yes/No :
Yes/No kpl
To
1. The District Collector 4th Floor, M.Singaravelar Maaligai 62, Rajaji Salai, Chennai Collectorate Chennai 600 001.
2. The Revenue Divisional Officer Ambattur Division Padi Kuppam Road, ONGC Housing Anna Nagar West Extension, Chennai District.
3. The Tahsildar Maduravoyal Taluk 35HF+559, Bharathi Salai Mogappair West, Ambattur Industrial Estate Chennai 600 037.
4. The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No.1, Gandhi-Irwin Road Egmore, Chennai 600 008.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 11.10.2023