S.Swaminathan v. The Secretary To The
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.10.2015
CORAM:
THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE K.K. SASIDHARAN W.P. No.28266 of 2015 S. Swaminathan
...Petitioner
Vs.
The Secretary to the Government Public Works Department Government of Tamil Nadu Secretariat, Fort St. George Chennai The District Collector The Revenue Divisional Officer The Tahsildar C.M.S. College of Science and Commerce represented by its Chairman Chinnavedanpatti CMS Institute of Management Studies represented by its Chairman Chinnavedampatti
C.M.S. Academy of Management and Technology represented by its Chairman Chinnavedampatti,
...Respondents
Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents authorities 1 to 4 to remove the encroachment made by the respondents 5 to 7 in the water channel comprised in S.No.550/2B, 549/2, 548/1B, 548/2B situated at Chinnavedampatti, Coimbatore, Coimbatore District and to provide free flow of water from the Chinnavedampatti main water channel to the petitioner by considering the representation dated 10.07.2015. For petitioner :
Mr. K. Mylsamy For RR 1-4 :
Mr. P.S. Sivashanmugasundaram Special Government Pleader For RR 5-7 :
Mr. R. Bharath Kumar
O R D E R
(delivered by SATISH K. AGNIHOTRI, J.) With consent, the writ petition is taken up for final disposal.
This writ petition is filed seeking a writ of mandamus directing the respondents authorities 1 to 4 to remove the encroachment made by the respondents 5 to 7 in the water channel comprised in S.No.550/2B, 549/2, 548/1B, 548/2B situated at Chinnavedampatti, Coimbatore, Coimbatore District and to provide free flow of water from the Chinnavedampatti main water channel to the petitioner by considering his representation dated 10.07.2015.
The Assistant Executive Engineer of the first respondent department has filed an affidavit dated 06 October 2015 to the effect that the entire area has been surveyed and boundaries have been marked. On survey and inspection, it was found that there is encroachment on the water channel in S.Nos.550/2B, 549/2, 548/1B and 548/2B situated at Chinnavedampatti, Coimbatore, Coimbatore District. Accordingly, a notice as provided under Rule 6 of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules, 2007, has been issued.
It is submitted by the learned Special Government Pleader appearing for the respondents 1 to 4 that the aforesaid notice was issued on 29 September 2015, granting 21 days time to the alleged encroachers to submit their explanation. In the event of the explanation found not being satisfactory, the alleged encroachers will be removed from the encroachment in question. In view of the action initiated by the authorities, we are not inclined to adjudicate further in the matter. However, we direct the authorities concerned to take consequential action in accordance with law within the time specified under the statute.
The writ petition stands disposed of accordingly. No costs.
Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar cad To The Secretary to the Government Public Works Department Government of Tamil Nadu Secretariat, Fort St. George Chennai The District Collector The Revenue Divisional Officer
The Tahsildar 1 CC to Mr. K. Mylsamy, Advocate SR.No. 54831 1 CC to Mr. R. Bharath Kumar, Advocate SR.No. 54878 1 CC to the Government Pleader, SR.No. 54929 W.P. No.28266 of 2015 KSJ (CO) PSI (15.10.2015)