G.Aruldoss, v. The District Collector,
In the High Court of Judicature at Madras Dated : 06.7.2018 Coram :
The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mr.Justice N.SESHASAYEE Writ Petition No.16254 of 2018 G.Aruldoss
...Petitioner
Vs 1.The District Collector, Kancheepuram.
2.The Revenue Divisional Officer, Chengalput Taluk, Chengalput, Kancheepuram District.
3.The Tahsildar, Thiruporur, Kancheepuram District.
4.The Block Development Officer, Thiruporur Taluk, Thiruporur, Kancheepuram District.
5.J.Arokiasamy
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing to consider the representation of the petitioner dated 18.5.2018 and consequently direct the respondents to remove the blockages in the water way from the canal in survey No.1, Kovilam Village, Kancheepuram District.
For Petitioner :
Mr.V.G.Sureshkumar For Respondents 1 to 4 : Mr.E.Manoharan, AGP
Order of the Court was made by T.S.SIVAGNANAM,J Mr.E.Manoharan, learned Additional Government Pleader accepts notice for respondents 1 to 4. Heard both. In the light of the orders we propose to pass, notice to the fifth respondent is dispensed with and the writ petition itself is taken up for final disposal.
2. The petitioner seeks a direction to the official respondents to remove the blockage in the water way from the canal in S.F.No.1, Kovilam Village, Kancheepuram District. According to the petitioner, the said land is a channel for draining excess water into Buckingham canal, which ultimately flows into Bay of Bengal. It is submitted that there was a proposal made by the District Collector to put up a playground and if the same is done, then the land is to be leveled and consequently, free flow of water will be affected.
3. When the case came up for admission on 05.7.2018, the learned Additional Government Pleader was directed to get written instructions. Today, the learned Additional Government Pleader has produced a few photographs and has instructions to state that there is no such proposal to form a playground in the area nor they are leveling the lands and it will be left as such and the then District Collector had put up a board stating that there will be a playground in the area only for the purpose of ensuring that there is no encroachment into the lands and that the board has also been removed.
4. In the light of the stand taken by the official respondents, the petitioner need not have any apprehension that the water way will be blocked. To ensure that there are no further encroachments, the first respondent is directed to put up a sign board prominently stating that the land is a water way and any encroachment will be severely dealt with.
5. With the above observations, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To 1.The District Collector, Kancheepuram.
2.The Revenue Divisional Officer, Chengalput Taluk, Chengalput, Kancheepuram District.
3.The Tahsildar, Thiruporur, Kancheepuram District. 4.The Block Development Officer, Thiruporur Taluk, Thiruporur, Kancheepuram District.
+1cc to Mr.V.G.Suresh Kumar, Advocate, S.R.No.43919 +1cc to the Government Pleader, S.R.No.44245 WP.No.16254 of 2018 PA(CO) GSP(19/07/2018)