Dr.Shyamraj v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2017 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.No.2811 of 2017 and W.M.P.Nos.2742 and 2743 of 2017 Dr.Shyamraj ... Petitioner -Vs1. The Govt. of Tamilnadu, Rep. By its Revenue Secretary, Fort St. George, Chennai-9.

2. The Govt. of Tamilnadu, Rep. By its Secretary, HR & CE Department, Fort St. George, Chennai-9.

3. The Commissioner, HR & CE, Mahatma Gandhi Road, Nungambakkam, Chennai-34.

4. The District Collector, Chennai District, Singaravelar Maligai, Rajaji Salai, Chennai-1.

5. The Tahsildar, Perambur-Purasaiwalkam Taluk, Chennai-23.

6. Sundara Vinayagar Sabha, Rep. By its President.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents to maintain the pond by constructing parapet wall around the entire perimeter of the pond located at No.68, Siruvallur Village, Perambur Purasaiwalkam Taluk, Chennai District, comprised in Old Survey No.5/59 part, New Survey no.55 Block No.9, measuring an extent of 0.37.23 hectares approx., by removing the illegal reclamation committed on this pond by the sixth respondent.

For Petitioner :

Mr.P.Sivamani For Respondents :

Mr.R.Vijayakumar Additional Government Pleader for RR 1 and 4 :

Mr.M.Maharaja Special Government Pleader For RR 2 and 3

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The allegation of the petitioner of encroachment of pond located at No.68, Siruvallur Village, Perambur Purasaiwalkam Taluk, Chennai District, comprised in Old Survey No.5/59 part, New Survey no.55 Block No.9, by the sixth respondent be looked into by causing an inspection of site by the fifth respondent within a period of fifteen (15) days from the date of receipt of the order and in case, encroachments are found, action in accordance with law be taken and concluded within a maximum period of two (2) months thereafter.

Writ petition is, accordingly, disposed of. No costs. Consequently, W.M.P.Nos.2742 and 2743 of 2017 stand closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar sra To

1. The Revenue Secretary, Govt. of Tamilnadu, Fort St. George, Chennai-9.

2. The Secretary to Govt. of Tamilnadu, HR & CE Department, Fort St. George, Chennai-9.

3. The Commissioner, HR & CE, Mahatma Gandhi Road, Nungambakkam, Chennai-34.

4. The District Collector, Chennai District, Singaravelar Maligai, Rajaji Salai, Chennai-1.

5. The Tahsildar, Perambur-Purasaiwalkam Taluk, Chennai-23.

+1cc to Mr.P.Sivamani, Advocate, S.R.No.7198 +1cc to the Government Pleader, S.R.No.8167 W.P.No.2811 of 2017 PPA(CO) CA(14/02/2017)