Madras High CourtWP/17430/2023disposed of

J.Manikandan v. The District Collector

2023-07-17Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU J.Manikandan .. Petitioner versus 1.The District Collector, Tiruvallur District. 2.The State Environmental Impact Assessment Authority, 3rd Floor, Panagal Maligai, Saidapet, Chennai 600015 3.The Revenue Divisional Officer, Tiruvallur District 4.The Deputy Director, Department of Geology and Mines, Collectorate Campus, Tiruvallur 5.The Tahsildar, Tiruvallur District 6.The Divisional Engineer, Tamil Nadu Road Infrastructure Development Corporation, Chennai 600 002 7.The Executive Engineer, W.R.D., Kosasthalaiyar Basin Division, Tiruvallur District.

8.M/s.Larsen & Toubro Ltd., South Segment TIIC, P.B.No.979, Mt. Poonamallee Road, Manapakkam, Chennai 89 ..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by 1st respondent in Na.Ka.No.389/2002/Mines.2 dated 15.05.2023 quash the same and consequently, direct respondents 1 and 7 to restore the Sithambakkam Lake, Tiruvallur District in S.No.379/1 having a total extent of around 198 acre of lake area for public use and further to ensure to protect the natural source of the alluvial soil in the Sithambakkam lake in the above mentioned survey numbers.

For the Petitioner :

Mr.A.Yogeswaran For the Respondents :

Mr.P.Muthukumar, State Government Pleader, Assisted by Mr.K.M.D.Muhilan, Additional Government Pleader for respondents 1, 3 to 7 Mr.V.Chandrasekaran, SPC for the second respondent

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) We have heard Mr.A.Yogeswaran, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, for respondents 1, 3 to 7 and Mr.V.Chandrasekaran, learned counsel for the second respondent.

2. Learned counsel for the petitioner, on instructions, submits that the petitioner would approach the Green Tribunal.

3. In light of that, the Writ Petition is disposed of. The petitioner may approach the Green Tribunal as may be permissible in law. In that event, all contentions are kept open. There will be no order as to costs. Consequently, WMP Nos.16581 to 16583 to 2023 are closed. (S.V.G., CJ.) (P.D.A., J.) 17.07.2023 Index : yes/no : Yes/No tar To:

1.The District Collector, Tiruvallur District. 2.The State Environmental Impact Assessment Authority, 3rd Floor, Panagal Maligai, Saidapet, Chennai 600015 3.The Revenue Divisional Officer, Tiruvallur District 4.The Deputy Director, Department of Geology and Mines, Tiruvallur 5.The Tahsildar, Tiruvallur District 6.The Divisional Engineer, T.N.Road Infrastructure Development Corporation, Chennai 600 002 7.The Executive Engineer, Water Resource Department, Kosasthalaiyar Basin Division, Tiruvallur District.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(tar) 17.07.2023