Mohamed Sulaiman, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2016

CORAM

The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.24827 of 2010

1. Mohammed Sulaiman

2. Sharmila Banu .. Petitioners vs.

1. The District Collector Kancheepuram District Kancheepuram.

2. The Commissioner Corporation of Chennai Chennai - 600 003.

(Cause title amended as per order dated 7.1.2014 passed in M.P.No.1 of 2013)

3. The President Ullagaram -Puzhuthivakkam 3rd Grade Municipality Chennai - 600 091.

4. The Tahsildar Sholinganallur Taluk Tambaram, Chennai - 600 045.

5. The Village Administrative Officer Puzhuthivakkam Village Duraipakkam Village Administrative Office Duraipakkam, Chennai - 600 100.

6. Gajender Singh Rathore .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing respondents 1 to 5 to take action against the 6th respondent by removing the encroachment on the canal and restore the canal comprised in Survey No. 37/15 situated at Ullagaram-Puzhuthivakkam Village.

For Petitioners : Mr.R.Kannan For Respondents : Mr.T.N.Rajagopalan Spl. Government Pleader for respondents 1, 4 and 5 Mr.V.C.Selvasekaran for 2nd respondent No appearance for 3rd respondent Mr.A.Kalaiazhagan for 6th respondent

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The allegation of the petitioners is of encroachment by the sixth respondent on canal comprised in Survey No.37/15 situated at Ullagaram-Puzhuthivakkam Village.

2. The learned counsel for the sixth respondent states that his construction is in a different Survey number, i.e., S.No.38/7A2B.

3. The counter affidavit filed by the Tahsildar/fourth respondent states that land in S.No.37/15 of Madipakkam-1 Village, Sholinganallur Taluk measuring 0.05.5 Hectares is classified as Channel Poromboke in the village accounts and it is confirmed that the sixth respondent has constructed a pucca terrace building encroaching a portion of 38 Sq. Metres of the Channel Poromboke. The sixth respondent is stated to be the patta holder of the land in S.No.38/7A2B measuring 0.02.2 Acres, which stands registered in his name under patta No.10627.

4. In view of the aforesaid position, to the extent there is any encroachment on the canal, action in accordance with law be taken with notice to all concerned and the proceedings be concluded within a period of two months from today.

The petition, accordingly, stands disposed of. No costs. Consequently, M.P.No.1 of 2010 is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar sasi To:

1. The District Collector Kancheepuram District Kancheepuram.

2. The Tahsildar Sholinganallur Taluk Tambaram, Chennai - 600 045.

3. The Village Administrative Officer Puzhuthivakkam Village Duraipakkam Village Administrative Office Duraipakkam, Chennai - 600 100.

4. The Commissioner, Corporation of Chennai, Chennai-3.

5. The President Ullagaram -Puzhuthivakkam 3rd Grade Municipality Chennai - 600 091.

+1cc to Mr.R.Kannan, Advocate sr.70700 +1cc to Dr.R.Sampathkumar, Advocate Sr.70734 +1cc to the Government Pleader sr.70233 W.P.No.24827 of 2010 scd[co] srg 14/12/2016