J.Raja Ram v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.11.2024

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY J.Raja Ram : Petitioner versus 1.The District Collector, Chengalpattu District 2.The Block Development Officer, Kattanugulathur Panchayat Union, Chengalpattu District 3.The Superintending Engineer, Water Resources Department, Lower Palar Basin Division, Kancheepuram 4.G.Elumalai 5.K.Ramakrishnan : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the 2nd and 3rd respondent from issuing no objection certificate to 4th and 5th respondent herein for usage of water channel situated at Pulipakkam Village, Chengalpattu

Taluk and District comprised in Survey No.80 & 81 and to remove the further encroachment made by the 4th and 5th respondents in the same water channel running through the aforesaid village in survey Nos.105/2 and 109, on the basis of the petitioner representation dated 24.09.2024 made to the second respondent.

For Petitioner :

Mr.G.Magesh Kumar For Respondents 1 to 3 :

Mr.A.Edwin Prabhakar, State Government Pleader assisted by Mr.M.Habeeb Rahman, Government Advocate

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Petition has been filed on the assumption that official respondents will issue a 'no objection certificate' to the private respondents. Therefore, we see no reason to entertain the petition.

2. The authorities concerned will dispose of the application if any filed by respondent Nos.4 and 5, in accordance with law.

3. Since it is stated in the petition that a water channel might get affected, the concerned authority may also hear the villagers concerned.

4. Petition disposed of. There will be no order as to costs.

5. For completion of record, Registry to take on file the affidavit of one Mr.Selvakumar, affirmed on 13.11.2024, filed on behalf of the third respondent. What is stated in the affidavit shall also be kept in mind while considering any application that is received. (K.R.SHRIRAM, CJ.) (SENTHILKUMAR RAMAMOORTHY, J.) 14.11.2024 Index : Yes/No : Yes/No tar To 1.The District Collector, Chengalpattu District 2.The Block Development Officer, Kattanugulathur Panchayat Union, Chengalpattu District 3.The Superintending Engineer,

Water Resources Department, Lower Palar Basin Division, Kancheepuram

THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY , J.

(tar) 14.11.2024