Sree Balaji Nagar Residential Welfare Association v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Sree Balaji Nagar Residential Welfare Association Rep. by its President G.Ramachandran No.14, 28th Street, Sri Balaji Nagar Part-I Extension Puzhal, Chennai-600 066.

.. Appellant Vs 1 The District Collector Chennai District, Chennai-600 001.

2 The Revenue Divisional Officer Revenue District, North Chennai Puzhal, Chennai-600 066.

3 The Tahsildar Madhavaram Taluk Puzhal, Chennai-600 066.

4 The Zonal Officer Zonal-III, Greater Chennai Corporation No.1, Thattankankulam Salai

5 The Executive Engineer Greater Chennai Corporation Zonal-III, No.1, Thatattankulam Salai .. Respondents PRAYER : Appeal under Clause 15 of the Letters Patent against the order dated 9.11.2023 in W.P.No.25017 of 2023 passed by the learned Single Judge.

For the Appellant : Mr.S.P.Sudalaiyandi For the Respondents : Mr.P.Muthukumar State Government Pleader for respondents 1 to 3 : Mr.A.Arun Babu Standing Counsel for respondents 4 and 5

JUDGMENT

(Delivered by the Hon'ble Chief Justice) We have heard Mr.S.P.Sudalaiyandi, learned counsel for the appellant; Mr.P.Muthukumar, learned State Government Pleader for respondents 1 to 3; and, Mr.A.Arun Babu, learned Standing Counsel for respondents 4 and 5.

2. The writ petition was filed by the appellant seeking a direction against respondents 1 to 3 to give No-Objection and cooperate with respondents 4 and 5 for formation of Storm Water Drain Canal in the 18th street, Balaji Nagar, Puzhal Village, Madhavaram Taluk, Chennai District. The learned Single Judge passed an order directing respondents 4 and 5 in the writ petition to remove the construction put up within the land of the Taluk office and put up the said construction beyond the limits of the Taluk office. The said order is assailed by the original writ petitioner.

3. Learned counsel for the appellant submits that it is for the welfare of the people that the Storm Water Drain Canal is constructed. The same is not passing through the building of the Taluk office and is only affecting a small portion of the land of the Taluk office. The Taluk office should not have any objection to the same.

4. The learned Single Judge appointed an Advocate Commissioner. The Advocate Commissioner had submitted a report.

In the report, it is stated that the ongoing Storm Water Drain Canal is crossing the land of Taluk office in Survey No.239 of Puzhal Village.

5. The appellant would not have a vested right to carry out the said work in the land of others. The learned Single Judge has only observed that the construction put up within the land of the Taluk office shall be removed and the same be constructed beyond the limits of the Taluk office. The appellant is not prohibited from constructing the Storm Water Drain Canal. However, the only prohibition imposed by the learned Single Judge is that the same should not be in the land of the Taluk office. We do not find any error in the said order.

The writ appeal is disposed of accordingly. There will be no order as to costs. Consequently, C.M.P.No.27953 of 2023 is closed. (S.V.G., CJ.) (D.B.C., J.) 13.12.2023 Index :

Yes/No

Yes/No sasi To 1 The District Collector Chennai District, Chennai-600 001.

2 The Revenue Divisional Officer Revenue District, North Chennai Puzhal, Chennai-60 066.

3 The Tahsildar Madhavaram Taluk Puzhal, Chennai-600 066.

4 The Zonal Officer Zonal-III, Greater Chennai Corporation No.1, Thattankankulam Salai 5 The Executive Engineer Greater Chennai Corporation Zonal-III, No.1, Thatattankulam Salai

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

(sasi) 13.12.2023