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Madras High CourtWP/27178/2019disposed of

S.Anantharaman, v. The Secretary To The Government,

2023-06-13Honourable Mr Justice R. Mahadevan,Honourable Mr Justice Mohammed Shaffiq4 pages

S.M.SUBRAMANIAM, J.

AND K.RAJASEKAR, J.

O R D E R

[ORDER OF THE COURT WAS MADE BY S.M.SUBRAMANIAM, J.] The Writ of Mandamus has been instituted to direct the sixth respondent to remove the encroachment on the Erikarai Street, Karthikeyapuram, Madipakkam, Chennai-600 091 and the lake bund of Madipakkam Lake, Kancheepuram District and to stop the polluted water to be drained in the Madipakkam Lake, Kancheepuram District.

2. Pursuant to the orders passed by this Court, the Tahsildar along with the Assistant Commissioner's Zone-XIV, Greater Chennai Corporation, conducted inspections, verified the revenue records and the

documents. The letter of the Tahsildar, Sholinganalur dated 24.12.2019 filed along with the sketch and the Report of the Revenue Inspector would reveal that Survey No.170/1A measuring 0.03.50 Ares is a patta land belongs to one Smt.Krishnaveni Ammal and Smt.Thirumana Ammal (Patta No.4032). Survey No.172 measuring 0.02.50 Ares is classified as "Eri Government Poramboke".

3. The Report commonly says that the temple, namely, Kamatchi Amman Kovil situate in both the Survey Numbers.

4. The learned Standing Counsel appearing on behalf of the respondents 3, 6 and 8 clarified by stating that the compound wall was constructed on the lake bund and therefore, the Report states that the temple situate covering in both the Survey Numbers.

5. As far as the compound wall constructed in the 'Eri Bund', it had already been demolished.

6. Today Mr.S.Anantharaman, writ petitioner, is present before this Court. We have asked him about the survey conducted by the Officials in his presence. He acknowledged the survey conducted by the Revenue Officials and the Greater Chennai Corporation Officials in the presence of the writ petitioner. Further he said that the compound wall constructed in the lake bund was demolished.

7. When the petitioner himself has made a statement before this Court that encroachments were removed from water body and the remaining portion of the temple situate in a patta land belonged to Tmt.Krishnaveni Ammal and Tmt.Thirumana Ammal, no further orders are required in the present writ petition.

(S.M.SUBRAMANIAM,J.) (K.RAJASEKAR,J.) 28-02-2024 Svn

S.M.SUBRAMANIAM, J.

AND K.RAJASEKAR, J.

Svn WP 27178 of 2019 28-02-2024