Sindu Nagar Kudiyurpore v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and WMP No.39271 of 2018 Sindu Nagar Kudiyurpore Nala Sangam (Reg.No.229/2000) 33-A, Sindu Nagar, Avadi, Chennai 600 054, Rep. by its President.

.. Petitioner -vs1. The District Collector, Tiruvallur District, Tiruvallur.

2. The Commissioner, Avadi Selection Grade Municipality, Avadi, Tiruvallur District.

3. The Tahsildar, Avadi Taluk, Avadi, Tiruvallur District.

(R-3 cause-title amended as per order of Court dt. 8.8.19 made in WMP.No.10595/19)

4. The Executive Engineer (WRD), Public Works Department, Kosasthalai River Basin Division, Tiruvallur.

.. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to clear and form the proper channel for free flow of surplus water from the Govindan Thangal Lake comprised in S.No.211, Vilinjiyampakkam Village, within the time fixed by this Court. (Prayer amended as per order of court dated 8.8.19 in WMP.No.10605/19). For the Petitioner :

Mr.M.Muthappan For the Respondents :

Mr.A.Edwin Prabakar State Government Pleader, assisted by Mr.T.K.Saravanan, Govt. Advocate for RR 1, 3 and 4 :

Mr.R.Gopinath for R-2 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.M.Muthappan, learned counsel for the petitioner, Mr.A.Edwin Prabakar, learned State Government Pleader, assisted by Mr.T.K.Saravanan, learned Government Advocate for respondent Nos.1, 3 and 4.

2. The petitioner seeks directions against the respondents to clear and form the proper channel for free flow of surplus water from Govindan Thangal lake comprised in S.No.211, Vilinjiyampakkam Village.

3. Today, the learned Special Government Pleader has placed on record the communication received from the Tahsildar, Avadi. It is stated that the land was surveyed on 30.11.2023 by the Taluk Deputy Surveyor and he reported that the Avadi Municipal Corporation is constructing the storm water channel for free flow of water during rainy season in part of the land and other than this channel, no encroachments have been found in the said land. The part of lands in S.Nos.229, 235 are being used to construct channel for creating storm water disposal by Avadi Municipal Corporation and other than this, no encroachments have been found.

4. It appears that for free flow of surplus water, the steps are being taken.

In view of the said report, the writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

(S.V.G., CJ.) (D.B.C., J.) 12.02.2024 Index : Yes/No : Yes/No

sra

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

(sra) To

1. The District Collector, Tiruvallur District, Tiruvallur.

2. The Commissioner, Avadi Selection Grade Municipality, Avadi, Tiruvallur District.

3. The Tahsildar, Avadi Taluk, Avadi, Tiruvallur District.

4. The Executive Engineer (WRD), Public Works Department, Kosasthalai River Basin Division, Tiruvallur. 12.02.2024