Silambarasan v. The State Of Tamiln Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.10.2017
CORAM
THE HONOURABLE MR.JUSTICE M.M. SUNDRESH AND THE HON'BLE MR.JUSTICE M. SUNDAR WRIT PETITION NO.26958 OF 2017 Silambarasan (Reporter) ..... Petitioner ..vs..
1. The State of Tamil Nadu represented by the Secretary Department of Revenue, Secretariat, Chennai
2. The Secretary to Government, Public Works Department, Secretariat, Chennai
3. Tamil Nadu Water Supply and Sewerage Board, represented by the Chairman, 31, Kamarajar Salai, Chennai
4. The District Collector, Krishnagiri
5. The Commissioner, Hosur Municipality .... Respondents Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus directing the respondents to remove all encroachments and stop sewage from running into and stagnating in RamanayakkarEri, Hosur Town, Krishnagiri District.
For petitioner :
Mr.T. Elumalai For R.1, R.2 : Ms.Vasutha Thiagarajan R.4 and R.5 AGP
ORDER
(Order of the court was delivered by M. M. SUNDRESH,J.,) The petitioner has filed the present writ petition seeking to issue a Writ of Mandamus directing the respondents to
remove all encroachments and stop sewage from running into and stagnating in RamanayakkarEri, Hosur Town, Krishnagiri District.. 2.
The petitioner submitted that the " RamanayakkanEri" lake is used for the irrigation and drinking purpose by the Hosur people as well as the people in the adjacent villagers. But all the sewage in the town running into the lake and it became a big open sewage stagnate. The petitioner made representation to the fourth respondent dated 10.7.2017 alleging that there is an encroachment by the water body. 3.
The learned Additional Government Pleader appearing for the respondents 1,2, 4 and 5 would submit that the water body comes within the jurisdiction of the fifth respondent, who is the competent authority to look into the complaint of the petitioner.
4.
Unfortunately, we do not find any such request having been made to the fifth respondent by the petitioner. 5.
Accordingly, the writ petition is disposed of giving liberty to the writ petitioner to make a representation to the fifth respondent and as and when the representation is received, the fifth respondent shall look into the same and pass appropriate orders after due notice to the parties concerned, including the petitioner, alleged encroachers and the private bodies. Needful should be done within a period of eight weeks from the date of receipt of a copy of the representation from the petitioner. No costs.
Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar To
1. The Secretary State of Tamil Nadu, Department of Revenue, Secretariat, Chennai
2. The Secretary to Government, Public Works Department, Secretariat, Chennai
3. Tamil Nadu Water Supply and Sewerage Board, represented by the Chairman, 31, Kamarajar Salai, Chennai
4. The District Collector, Krishnagiri
5. The Commissioner, Hosur Municipality + 1 cc to Mr.T. Elumalai, Advocate,SR.74118 + 1 cc to The Govt.Pleader, SR.74326 W.P.No.26958 of 2017 NR 10/11/2017