S.Michael Pandian v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.07.2024 CORAM :
THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No.18461 of 2024 and W.M.P. No.20974 of 2024 S. Michael Pandian Petitioner v The District Collector Chennai District Singaravelan Maligai Rajaji Salai, Chennai 600 001 The Thasildar Ambattur, Chennai 600 053 The Zonal Officer Zone VII, Greater Chennai Corporation Ambattur, Chennai 600 053 The Assistant Engineer Ward 93, Zone VII Greater Chennai Corporation Mugappair, Chennai 600 037 The Executive Engineer TANGEDCO, Ambattur Division 3rd Main Road, Ambattur Industrial Estate Chennai 600 058
Sabari and Leon Electricals Pvt. Ltd.
Rep. by its Director M.Nelson S/o.Muthu Nayagam No.75, Golden George Nagar Pillaiyar Koil Street Chennai 600 107 Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 4 to remove the encroachment of the 6th respondent in the "Erikarai Poramboke" in old survey No.382 (pt), T.S.No.58, Ward-H, Block75, Mugappair Village, Ambattur Taluk, Chennai District, as observed by the 1st respondent in his letter Ref.Na.Ka.No.J13/12355/2023 dated 14.07.2023 in a time bound period.
For petitioner Mr. K. Mohanamurali For RR 1 & 2 Mr. A. Edwin Prabakar State Government Pleader For RR 3 & 4 Mr. E.C. Ramesh Standing Counsel
ORDER
(Made by the Hon'ble Acting Chief Justice) Heard Mr. K. Mohanamurali, learned counsel for the petitioner, Mr. A. Edwin Prabakar, learned State Government
Pleader appearing for respondents 1 and 2 and Mr. E.C. Ramesh, learned Standing Counsel for respondents 3 and 4. Notice to respondents 5 and 6 is dispensed with since no order prejudicial to their interest is passed.
This writ petition, in the form of public interest litigation, has been filed seeking a writ of mandamus directing the official respondents to remove the encroachment made by the sixth respondent in Erikarai Poramboke in Old Survey No.382 (pt), T.S. No.58, Ward H, Block 75, Mugappair Village, Ambattur Taluk, Chennai District.
Today, when this writ petition was taken up for hearing, the learned State Government Pleader submitted that the first respondent is already seized of the matter and he has, in fact, addressed the second respondent in this regard on 14.07.2023, for appropriate action.
The aforesaid submission of the learned State Government Pleader is recorded and it is directed that the needful be done for removal of encroachment, if any, on the water body, within a period of eight weeks from the date of receipt of a copy of this order, of course, after affording an opportunity of hearing to all concerned.
With the above direction, this writ petition stands disposed of, sans costs. Connected CMP is closed.
(R.M.D., A.C.J.) (M.S.Q., J.) 10.07.2024 Index : Yes/No NC : Yes/No cad
To The District Collector Chennai District Singaravelan Maligai Rajaji Salai, Chennai 600 001 The Thasildar Ambattur, Chennai 600 053 The Zonal Officer Zone VII, Greater Chennai Corporation Ambattur, Chennai 600 053 The Assistant Engineer Ward 93, Zone VII Greater Chennai Corporation Mugappair, Chennai 600 037 The Executive Engineer TANGEDCO, Ambattur Division 3rd Main Road, Ambattur Industrial Estate Chennai 600 058
THE HON'BLE ACTING CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.
cad 10.07.2024