V.Gandhiraj v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.11.2024 CORAM :
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P.No.34562 of 2024 V.GANDHIRAJ .. Petitioner Vs 1.THE DISTRICT COLLECTOR KANCHEEPURAM DISTRICT, KANCHEEPURAM.
2.THE TAHSILDAR TAHSILDAR BUILDING, METHA NAGAR, KUNDRATHUR, CHENNAI - 600 069.
3.THE ASSISTANT ENGINEER PUBLIC WORK DEPARTMETN AND WATER RESOURCES DEPARTMENT IRRIGATION DIVISION SEMBARAMBAKKAM LAKE KUNDRATHUR TALUK, CHENNAI - 600 069.
4.THE MANAGING DIRECTOR TASMAC, THALAMUTHU - NATARAJAN BUILDING GANDHI IRWIN ROAD, ANSARI ESTATE, EGMORE, CHENNAI - 600 008.
5.K. DHANDAPANI .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 1st respondent to immediately conduct an investigation and to take action against the 5th respondent to remove the encroachment in Survey No.164, Sikkarayapuram Village, Kundrathur Taluk, Kancheepuram District and restore the said water body canal.
For Petitioner : Mr.T.Mohan Senior Counsel for Mr.P.Krishna Prasad For Respondents : Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.Karthik Jeganath Government Advocate for respondents 1 to 3 : Mr.K.Balakrishnan Standing Counsel for 4th respondent
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Shri Prabakar, who accepts notice on behalf of respondents 1 to 3, states that within two weeks they shall do a survey and take necessary steps to remove encroachments, if any.
2. Before starting the survey, petitioner as well as fifth respondent may be called to be present during the survey. If both or either of them is not present, the officer concerned may go ahead and do the survey, even in their absence.
3. The undertaking on behalf of respondent Nos.1 to 3 that if there is any encroachment the same shall be removed by following due process expeditiously, considering the fact that Survey No.164 is shown in the "A" Register as water-channel, is accepted.
4. In view of the above, counsel for petitioner states the petition be disposed of.
Petition is disposed of. There shall be no order as to costs. Consequently, interim application also stands disposed of. (K.R.SHRIRAM, C.J.) (SENTHILKUMAR RAMAMOORTHY,J.) 07.11.2024 Index :
Yes/No NC :
Yes/No sasi To:
1.THE DISTRICT COLLECTOR KANCHEEPURAM DISTRICT, KANCHEEPURAM.
2.THE TAHSILDAR TAHSILDAR BUILDING, METHA NAGAR, KUNDRATHUR, CHENNAI - 600 069.
3.THE ASSISTANT ENGINEER PUBLIC WORK DEPARTMETN AND WATER RESOURCES DEPARTMENT IRRIGATION DIVISION, SEMBARAMBAKKAM LAKE KUNDRATHUR TALUK, CHENNAI - 600 069.
4.THE MANAGING DIRECTOR TASMAC, THALAMUTHU - NATARAJAN BUILDING GANDHI IRWIN ROAD, ANSARI ESTATE, EGMORE, CHENNAI - 600 008.
THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY,J.
(sasi) 07.11.2024