C.Sri Raman v. Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.01.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY C.Sri Raman ..
Petitioner Vs.
1. Government of Tamil Nadu Rep. by its Principal Secretary to Government Public Works Department Fort St. George, Secretariat, Chennai - 600 009.
2. The Chief Engineer Public Works Department Kamarajar Salai, Chepauk Chennai - 600 005.
3. The District Collector Tiruvallur District Office of the District Collector, Collectorate Chinna Ekkadu, Jaya Nagar, Master Plan Complex NH-205, Tiruttani Road, Tiruvallur - 602 001.
4. The Commissioner Avadi City Corporation Office of the Avadi City Municipal Corporation N.M.Salai, Avadi - 600 054.
5. The Sub Collector Tiruvallur Revenue Division Office of the Sub Collector JN Salai, Tiruvallur - 602 001.
6. The Tahsildar Avadi Taluk Office of the Avadi Taluk Avadi, Chennai - 600 054.
..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents to consider and dispose of the petitioner detailed representation dated 01.08.2023 in S.No.532, as per the T.S.Ward D, Block No.101, T.S.Nos.33,34,35 these were cart track, and water irrigation canal of the lake, S.No.520, Ward D, Block 100, Town Survey No.28, Cart Track and water irrigation canal of the lake, S.No.518, inner mouth of lake, No.567, Ward D, Block No.89, T.S.No.4, S.No.519, Arabath Lake of an extent of 32 acres situated at Cholaimedu Village of Thiruvallaivoyal Village-II of Avadi Taluk, Thiruvallur District and grant such other further relief. For the Petitioner : Mr.R.Anandha Babu For the Respondents : Mr.C.Kathiravan Special Government Pleader for R1 to R3, R5 and R6 Mr.R.Gopinath for R4
ORDER
(Made by the Hon'ble Chief Justice) Heard Mr.R.Anandha Babu, learned counsel for the petitioner, Mr.C.Kathiravan, learned Special Government Pleader for respondents 1 to 3, 5 and 6 and Mr.R.Gopinath, learned counsel for respondent 4.
2. The petitioner seeks directions to remove the encroachers from the waterbody comprised in S.No.532 and other survey numbers mentioned in the prayer clause.
3. The alleged encroachers are not made as parties to the present petition. Even otherwise, the petitioner can approach the Committee, constituted under the Government Order bearing G.O.Ms.No.64 dated 08.02.2022. If such an application is made by the petitioner to the Committee, the Committee shall consider the said application on its own merits after observing the principles of natural justice.
4. The writ petition, accordingly, stands disposed of. There shall be no order as to costs.
(S.V.G., CJ.) (D.B.C., J.) 04.01.2024 Index :
Yes/No :
Yes/No drm
To
1. The Principal Secretary to Government Government of Tamil Nadu Public Works Department Fort St. George, Secretariat, Chennai - 600 009.
2. The Chief Engineer Public Works Department Kamarajar Salai, Chepauk Chennai - 600 005.
3. The District Collector Tiruvallur District Office of the District Collector, Collectorate Chinna Ekkadu, Jaya Nagar, Master Plan Complex NH-205, Tiruttani Road, Tiruvallur - 602 001.
4. The Commissioner Avadi City Corporation Office of the Avadi City Municipal Corporation N.M.Salai, Avadi - 600 054.
5. The Sub Collector Tiruvallur Revenue Division Office of the Sub Collector JN Salai, Tiruvallur - 602 001.
6. The Tahsildar Avadi Taluk Office of the Avadi Taluk Avadi, Chennai - 600 054.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(drm) 04.01.2024