← Library
Madras High CourtWP/26320/2021disposed of

Suo-Motu WP v. The Principal Secretary To

2024-02-22Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY 1.The Principal Secretary to Government of Tamilnadu, Municipal Administration and Water Supply Department, Secretariat, Fort St. George, Chennai-600 009.

2.The Principal Secretary to Government of Tamilnadu, Public Works Department, Secretariat, Fort St. George, Chennai-600 009.

3.The Commissioner of Revenue and Land Administration, Ezhilagam, Chepauk, Chennai-600 005.

4.The District Collector, Chengalpattu District, 5.The Revenue Divisional officer,

6.The Tahsildar, Chengalpattu Taluk, 7.The Commissioner, Maraimalai Nagar Municipality, Maraimalai Nagar.

8.The Block Development Officer, Maraimalai Nagar.

9.The District Environmental Engineer, Tamil Nadu Pollution Control Board, Maraimalai Adigalar Street, Maraimalai Nagar, Chennai-603 209 Chengalpattu District.

10.The Superintending Engineer, Public Works Department (Water Resources), Chengalpattu District.

.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to remove all sort of illegal encroachments made in water-bodies, Meichal Porambokku (Grazing Fields), lake and other poromboke lands in and around the Kaar Lake, Ninnai Kaattur Rail Nagar, Vishnupriya Nagar, Kaarai Kazhani and other such areas of Maraimalai Nagar and consequently directing the respondents to examine the aforesaid place and set out the sewage/drainage water and dumping of garbage into the Kaar Lake and detect the quality of ground water in and around areas of Maraimalai Nagar in this regard and to file a report before this Court expeditiously.

For the Respondents : Mr.A.Edwin Prabakar State Government Pleader for respondents 1 to 6, 8 and : Mr.P.Srinivas for respondent No.7 : Mrs.Shanmugavalli Sekar for respondent No.9

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.A.Edwin Prabakar, learned State Government Pleader for respondents 1 to 6, 8 and 10; Mr.P.Srinivas, learned counsel for respondent No.7; and, Mrs.Shanmugavalli Sekar, learned counsel for respondent No.9.

2. Learned State Government Pleader, on instructions, submits that 446 houses that had encroached on the Meikkal poramboke land in Ninnakarai Village, Chengalpattu District have been removed and, as far as the remaining encroachments are concerned, orders under Section 6 of the Tamil Nadu Land

Encroachment Act, 1905 are passed. The appeals are filed by those encroachers under Section 10 of the Act and the same are pending. Learned State Government Pleader submits that the appeals would be decided within three months and, depending upon the decision in the appeals, further steps would be taken immediately.

3. In view of that, the suo motu writ petition is disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 22.02.2024 Index :

Yes/No :

Yes/No bbr To 1.The Principal Secretary to Government of Tamilnadu, Municipal Administration and Water Supply Department, Secretariat, Fort St. George, Chennai-600 009.

2.The Principal Secretary to Government of Tamilnadu, Public Works Department, Secretariat, Fort St. George, Chennai-600 009.

3.The Commissioner of Revenue and Land Administration, Ezhilagam, Chepauk, Chennai-600 005.

4.The District Collector, Chengalpattu District, Chengalpattu.

5.The Revenue Divisional officer, 6.The Tahsildar, Chengalpattu Taluk, Chengalpattu.

7.The Commissioner, Maraimalai Nagar Municipality, Maraimalai Nagar.

8.The Block Development Officer, Maraimalai Nagar.

9.The District Environmental Engineer, Tamil Nadu Pollution Control Board, Maraimalai Adigalar Street, Maraimalai Nagar, Chennai-603 209 Chengalpattu District.

10.The Superintending Engineer, Public Works Department (Water Resources), Chengalpattu District.

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

bbr W.P.No.26320 of 2021 22.02.2024