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Madras High CourtWP/18964/2026disposed of with direction

V.Vijay v. The District Collector Thiruvallur

2026-06-02Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.06.2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI W.P.No. 18964 of 2026 V.Vijay

...Petitioner

Vs.

1.The District Collector-Thiruvallur, Thiruvallur District-602 001.

2.The Commissioner, Avadi Corporation, No.9, Netaji Street, Palavedu Main Road, Avadi, Chennai-600 055.

3.The Tahsildar-Avadi, Avadi, Chennai-600 055.

4.The Commissioner, Directorate of Town and Country Planning [DTCP], CMDA Complex, E & C Market Road, Koyambedu, Chennai-600 107.

5.The Member Secretary, Chennai Metropolitan Development Authority, [CMDA], Egmore, Chennai-600 008.

6.The Secretary to the Government, Public Works Department [PWD], Fort St.George, Chennai-600 009.

7.The Secretary to the Government, Water Resources Development, Fort St.George, Chennai-600 009.

8.The Assistant Engineer, Avadi Corporation, Avadi, Chennai-600 055.

...Respondents

Prayer: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to restore Spillway to its original position and to either remove the illegally constructed Bridge over this Spillway or broaden the bridge according to earlier Spillway situated at Mittanemali Village, Avadi Taluk, Thiruvallur District. For Petitioner :

Mr.T.V.Vineeth Kumar For Respondents :

Mr.C.Prabakaran Government Counsel for R1, R3 to R11 Mr.R.A.Gopinath for R2 and R8

O R D E R

This Writ Petition has been filed to direct the respondents to restore Spillway to its original position and to either remove the illegally constructed bridge over this Spillway or broaden the bridge according to earlier Spillway situated at Mittanemali Village, Avadi Taluk, Thiruvallur District.

2. The case of the petitioner is that there is a big lake which was about 110 acres in between Mittanemali Village and Mittanemalikandigai Village and during rainy seasons, overflowing water used to pass through a Spillway [i.e., Kalingal] which was more than 100 years old and the said Spillway is about 100 feet wide and is having retaining walls. For the past few months, there was a development in the adjoining village by a developer in forming a housing layout through the village road. According to the petitioner, the present development of widening the road by demolishing the Spillway and reducing the Spillway as well as the lake is to form a layout road for the Promoter. In this regard, the petitioner has also submitted representations dated 24.02.2026 and 25.02.2026 to the first respondent who in turn forwarded the same to the Municipal Administration and Water Supply Department, however, thereafter no action has been taken so far. Hence, the present writ petition has been filed.

3. The learned counsel appearing for the petitioner submitted that it would suffice, if the second respondent is directed to consider the representation of the petitioner dated 25.02.2026 on merits and in accordance with law, within a specified period.

4. Heard the learned counsel appearing for the petitioner and the learned Government Counsel appearing for the respondent Nos.1, 3 to 7 and the learned counsel appearing for the respondent Nos.2 and 8.

5. In view of the limited request made by the learned counsel appearing for the petitioner, this Court, without going into the merits of the case, directs the second respondent to consider the representation of the petitioner dated 25.02.2026 and pass appropriate orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

02.06.2026 Index: Yes/No Speaking/Non-speaking order ssb To 1.The District Collector, Thiruvallur, Thiruvallur District-602 001.

2.The Commissioner, Avadi Corporation, No.9, Netaji Street, Palavedu Main Road, Avadi, Chennai-600 055.

3.The Tahsildar-Avadi, Avadi, Chennai-600 055.

4.The Commissioner, Directorate of Town and Country Planning [DTCP], CMDA Complex, E & C Market Road, Koyambedu, Chennai-600 107.

5.The Member Secretary, Chennai Metropolitan Development Authority, [CMDA], Egmore, Chennai-600 008.

6.The Secretary to the Government, Public Works Department [PWD], Fort St.George, Chennai-600 009.

7.The Secretary to the Government, Water Resources Development, Fort St.George, Chennai-600 009.

8.The Assistant Engineer, Avadi Corporation, Avadi, Chennai-600 055.

M.DHANDAPANI, J.

ssb 02.06.2026