R.Saravanan v. State: Rep. By Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.06.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU R.Saravanan ..
Petitioner Vs.
1. State: represented by Secretary Public Works Department Government of Tamil Nadu Secretariat, Saint George Fort Chennai 600 009.
2. Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road Egmore, Chennai 600 008.
3. Directorate of Town and Country Planning Thiruvallur District Chengalpattu Regional Office.
4. The Collector
5. The Revenue Divisional Officer
6. The Tahsildar Poonamallee Taluk, Chennai 600 054.
7. The Commissioner Poonamallee Municipality, Chennai 600 054.
8. Inspector of Police B-7, Vellavedu Police Station Vellavedu.
9. Ashok Nandavanam Properties Pvt. Ltd.
Represented by its Managing Director No.11, F-Block, 2nd Main Road Anna Nagar East, Chennai 600 102.
..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 to 8 to take appropriate action against the ninth respondent from illegal/unlawful development of agricultural lands, waterways and bodies situated in Survey Nos.36, 37, 38, 39, 40, 41, 50, 51, 52, 63, 74, 75, 86, 97, 88, 89, 90, 100 and 108 in Nemam Village, Poonamallee Taluk, Thiruvallur District.
For the Petitioner : Mr.S.Vijay Anand For the Respondents : Mr.P.Muthukumar State Government Pleader Assisted by Mrs.R.Anitha Special Government Pleader for Respondents 1, 3-6 & 8 Mr.R.Thamaraiselvan for R2 Mr.V.Ayyapparaj for R9 No appearance - for R7
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.S.Vijay Anand, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader for the respondents 1, 3 to 6 and 8, Mr.R.Thamaraiselvan, learned counsel for the second respondent and Mr.V.Ayyapparaj, learned counsel for the ninth respondent.
2. The allegation is that illegal construction/development has been made in agricultural lands or water bodies situated in the survey numbers as detailed in the affidavit.
3. Learned counsel for the ninth respondent submits that he has got the layout sanctioned and as per the layout, the activity is carried out.
4. Learned Government Pleader, on instructions, submits that survey has been carried out and the report of survey is awaited.
Based on the report of survey, further action would be taken.
5. In view of the above statement, the writ petition is disposed of. There will be no order as to costs. Consequently, CMP No.13814 of 2017 is closed.
(S.V.G., CJ.) (P.D.A., J.) 26.06.2023 Index :
Yes/No :
Yes/No kpl To
1. The Secretary Public Works Department Government of Tamil Nadu Secretariat Saint George Fort Chennai 600 009.
2. Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road Egmore, Chennai 600 008.
3. Directorate of Town and Country Planning Thiruvallur District Chengalpattu Regional Office.
4. The Collector
5. The Revenue Divisional Officer
6. The Tahsildar Poonamallee Taluk Chennai 600 054.
7. The Commissioner Poonamallee Municipality Chennai 600 054.
8. Inspector of Police B-7, Vellavedu Police Station Vellavedu.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(kpl) 26.06.2023