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Madras High CourtWP/29777/2023disposed of

R.Rajan v. The State Of Tamil Nadu

2023-10-16Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.10.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.Rajan ..

Petitioner Vs.

1. The State of Tamil Nadu Rep. by the Additional Chief Secretary Water Resources Department Fort St. George, Chennai - 600 009.

2. The Additional Chief Secretary to State Revenue Administration and Disaster Management Department Fort St. George, Chennai - 600 009.

3. The District Collector District Collectorate Office Chengalpattu District.

4. The Tahsildar Madurantakam Taluk Chengalpattu District.

..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents herein to remove the encroachments on the river banks and restrore the damaged bund of river Palar at Budur Village, Madurantakam Taluk, Chengalpattu District and simultaneously repair and restore the damaged river bund in the said river adjacent to the properties of the petitioner and the respondents in view of the petitioners' representations/complaints dated 05.07.2023, 10.08.2023 and 25.08.2023.

For the Petitioner : Ms.Karthikaa Askok For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Special Government Pleader for R1 to R4

ORDER

(Made by the Hon'ble Chief Justice) Heard Ms.Karthikaa Ashok, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader assisted by Mrs.R.Anitha, learned Special Government Pleader for respondents 1 to 4.

2. According to learned counsel for the petitioner, there is an encroachment on the banks of the Palar River. The bund is damaged and the same is also required to be repaired by the Government Authorities.

3. Learned State Government Pleader submits that the petitioner has also encroached by erecting a fence. The said fence has been removed by the Authorities on 12.08.2022. Learned State Government Pleader further submits that survey would be carried out and upon survey, steps would be taken to remove the encroached portions, if any, after issuing Form - I and Form - II notices.

4. In view of the said submission, the writ petition stands disposed of. There will be no order as to costs. (S.V.G., CJ.) (D.B.C., J.) 16.10.2023 Index :

Yes/No :

Yes/No drm

To

1. The Additional Chief Secretary The State of Tamil Nadu Water Resources Department Fort St. George, Chennai - 600 009.

2. The Additional Chief Secretary to State Revenue Administration and Disaster Management Department Fort St. George, Chennai - 600 009.

3. The District Collector District Collectorate Office Chengalpattu District.

4. The Tahsildar Madurantakam Taluk Chengalpattu District.

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

(drm) 16.10.2023