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Madras High CourtWP/23478/2021disposed of

S.Saravanan v. State Of Tamilnadu

2023-12-08Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.12.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Saravanan : Petitioner versus

1. State of Tamilnadu, Rep. by its Secretary to Government, P.W.D., Fort St. George, Chennai 600 009.

2. The District Collector, Vellore District, Vellore.

3. The Commissioner, Vellore Municipality, Vellore 632 004.

4. The Tahsildar, Vellore Taluk and District 632 001.

5. The Assistant Executive Engineer, Water Resource Organization, Public Works Department, Vellore District.

6. Ramani

7. The Chairman Tamil Nadu Generation and Distribution Corporation Ltd., 144, Anna Salai, Chennai 600 002 (R-7 Suo Motu impleaded vide order of Court dated 01.11.2021) : Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus (a) directing the respondents to take immediate and appropriate action to remove all the encroachments made in Survey No. 73/15 to an extent of 0.42 1/2 cents which is waterway canal in Palavansathu Village, Vellore District, based on the petitioner's representations dated 27.02.2021, 30.11.2020, 05.01.2021 within a time frame (b) directing the Respondents to periodically maintain the waterway canal by extending its width and depth to prevent inundation of the residential area around the waterway canal.

For the Petitioner :

Mr.S.Sathia Chandran For Respondents 1,2,4,5 :

Mr.P.Muthukumar, State Government Pleader For Respondent No.3 :

Mr.P.S.Prabu For Respondent No.6 :

Mr.C.Vigneswaran

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.S.Sathia Chandran, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, for respondents 1, 2, 4 and 5; Mr.P.S.Prabu, learned counsel for the third respondent and Mr.C.Vigneswaran, learned counsel for the sixth respondent.

2. Mr.P.Muthukumar, learned State Government Pleader submits

that within four weeks' time, the application filed by the sixth respondent seeking issuance of patta, would be decided. In case the application is rejected, then, the Government authorities would immediately take action in accordance with law.

3. The writ petition stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 08.12.2023 Index : Yes/No : Yes/No tar To

1. The Secretary to Government of Tamilnadu, P.W.D., Fort St. George, Chennai 600 009.

2. The District Collector, Vellore District, Vellore.

3. The Commissioner, Vellore Municipality, Vellore 632 004.

4. The Tahsildar, Vellore Taluk and District 632 001.

5. The Assistant Executive Engineer, Water Resource Organization, Public Works Department, Vellore District.

6. The Chairman Tamil Nadu Generation and Distribution

Corporation Ltd., 144, Anna Salai, Chennai 600 002

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 08.12.2023