Athipattu Village General v. Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 3.11.2016
CORAM
The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.23182 of 2016 Athipattu Village General Welfare Association Regn No.(AGPNS) 56/2016 rep. by its President, D.Saisaravanan No.387, Dr.Ambedkar Street Athipattu, Ponneri Taluk Thiruvallur District - 600 120.
.. Petitioner Vs.
1. The Government of Tamil Nadu rep. by its Secretary Department of Revenue St. George, Fort Chennai - 600 009.
2. The District Collector NH 205, Jaya Nagar Thiruvallur District - 602 001.
3. The Tahsildar NGO Nagar Extension Ponneri Taluk Thiruvallur District - 601 204.
4. Zuari Cements Limited rep. by its Managing Director Dr.Ambedgar Street 143 Athipattu Chennai - 600 120.
5. The General Manager Zuari Cements Limited Dr.Ambedgar Street 143 Athipattu Chennai - 600 120.
6. Athipattu 1st Grade Panchayat rep. by its President 143 Athipattu Chennai - 600 120.
.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing respondents 1 to 3 to remove the encroachment by respondents 4 and 5 in Land Survey No.116/1 to an extent of 0.13.5 Ares, 112/1 (0.62.0 Ares), 206 to an extent of 0.56.0 Ares in Athipattu Village (143). For Petitioner : Mr.V.Prakash, Sr. Counsel for M/s.K.Sudalaikannu For Respondents : Mr.M.K.Subramanian Government Pleader for respondents 1 to 3 Mr.Srinath Sridevan for Mr.S.Rajmakesh for 4th respondent Mr.V.Karthick, Sr. Counsel for Mr.S.Rajmakesh for 5th respondent No appearance for 6th respondent
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) The learned Senior Counsel for the petitioner, on instructions, states that the action having been triggered off by the Collector, he does not really seek to press the petition. He submits that contrary to the stand of respondents 4 and 5, as per his allegation, within the compound wall of the said respondents, where the canal flows, some construction has been made on the same.
2. This position is naturally disputed by the learned counsel for respondent 4 and 5, on instructions.
3. This would be a matter for the authorities concerned to look into. Suffice for us to say that there should be no blockage of water flowing through the culvert nor any construction on the canal, so that as and when water flows, the culvert facilitates the flow of water beyond the walls of respondents 4 and 5.
4. We may clarify at the request of the learned counsel for respondents 4 and 5 that the said respondents are not entitled, in our view, to make any construction on the canal, but the wall by itself with the culvert would not amount to a violation.
5. It will be open to the authorities to take a look into the issue if they are of the view that the culvert needs to be further expanded to facilitate water flow when water is available.
The petition, accordingly, stands disposed of. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sasi To:
1. The Secretary Government of Tamil Nadu Department of Revenue St. George, Fort Chennai - 600 009.
2. The District Collector NH 205, Jaya Nagar Thiruvallur District - 602 001.
3. The Tahsildar NGO Nagar Extension Ponneri Taluk Thiruvallur District - 601 204.
+1cc to Mr.K. Sudalaikannu, Advocate, S.R.No.63006 +1cc to the Government Pleader, S.R.No.62458 nrjk (CO) md (14/11/2016) W.P.No.23182 of 2016