Madras High CourtWP/21375/2010disposed of

Kazura Garden Welfare v. State Of Tamilnadu

2015-06-09Honourable The Chief Justice,Honourable Mr Justice T. S. Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.06.2015

CORAM:

THE HONOURABLE MR. SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM Writ Petition No. 21375 of 2010 Kazura Garden Welfare Association A Society Registered under the Societies Registration Act, 1896 rep. by its Secretary No.2/739, 6th Cross Street Kazura Garden, Neelankarai

...Petitioner

vs.

1. State of Tamil Nadu rep. by its Secretary Public Works Department Fort St. George, Chennai.

2. The District Collector Kancheepuram District Kancheepuram.

3. The Tahsildar Shozhinganallur Kanchipuram Taluk Chennai 600 119.

4. The Revenue Divisional Officer Tambaram, Chennai 600045.

5. The Revenue Inspector Revenue Office Shozhinganallur Chennai 600 119.

6. The President Neelankarai Panchayat Kapaleeswarar Nagar Neelankarai, Chennai 600041.

7. The Village Administrative Officer Panchayat Office, Palavakkam

8. P. Chelladurai

9. Yunus

10. Bala

11. Pandian

12. Sonthoon

13. Marimuthu

14. Pichaimani

15. Md. Ibrahim

16. Guruswamy

17. C.A. Philomina

18. P.H. Raja [R8 to R18 impleaded as per order dated 08.11.2010 made in M.P.No.

1 of 2010 in W.P.No.21375 of 2010]

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus to direct the respondents to take necessary action to remove the illegal encroachments and demolish the construction made on the water body measuring 64.4 X 28.2 meters situate in S.No.72/1 of No.132, Palavakkam Village, Kancheepuram District and other water bodies in and around the village and to take steps to return the water body to its original form, in line with the orders of this Honourable Court and the Tamil Nadu Protection of Tanks and Eviction of Encroachments Act, 2007.

For Petitioner : Mr. Rahul Balaji For Respondents : Mr. S.T.S. Murthi Government Pleader for R1 to R7 No Appearance for R8 to R18.

O R D E R

(Made by The Hon'ble The Chief Justice) The public interest litigation seeks to raise an issue of illegal encroachment on the water body, measuring an extent of 64.4 X 28.2 meters situate in S.No.72/1 of No.132, Palavakkam Village, Kancheepuram District and other water bodies in and around the village and to take steps to return the water body to its original form.

2. The aforesaid issue is no more res integra in view of the judgment of this Court in L. Krishnan vs. State of Tamil Nadu, represented by Secretary, Department of Revenue (Land Administration), Chennai and others, reported in 2005 (4) CTC 1. If there is any encroachment on the water body, it has to be removed. It appears that despite the initial verifications, nothing has happened in the matter, nor has any counter-affidavit been filed. The identified encroachers have been impleaded as respondents 8 to

18. No counter-affidavit has been filed by any of the parties.

3. In view of the aforesaid, we consider it appropriate to direct the second respondent/District Collector to look into the matter and take action in accordance with law if any alleged encroachment is found, after notice to all concerned. The proceedings be concluded within a period of three months from today.

4. The writ petition accordingly stands disposed of. No costs. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar ATR Copies to;

1. The Secretary State of Tamil Nadu Public Works Department Fort St. George, Chennai.