Madras High CourtWP/32986/2018disposed of

K.Sundararaj v. The Govt Of Tamil Nadu.

2022-02-24Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.NO.32986 OF 2018 & WMP.NO.291 OF 2019 K.Sundararaj .. Petitioner vs

1. The Govt of Tamil Nadu.

Rep. by its Secretary to Government, Public Works Department Chennai-9.

2. The District Collector Tiruvallur District, Tiruvallur, Tamil Nadu 602 001.

3. The Chief Engineer Operation and Maintenance, PWD (WRO) Chepauk, Chennai-5.

4. The Executive Engineer Kosasthalai River Basin Division, Tiruvallur Division, Tiruvallur District. Tamil Nadu.

5. The Commissioner Ellapuram Panchayat Union, Periyapalayam, Tiruvallur District. Tamil Nadu 601 102.

6. The Block Development Officer Rural Development Office, Ellapuram Panchayat Union, Periyapalayam, Tamil Nadu. 601 102.

7. The Tahsildar Uthukottai Taluk Office, Uthukottai, Tiruvallur District. Tamil Nadu 602 026.

.. Respondents

Prayer: Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to remove the encroachments in the water bodies comprised in Survey Nos.2, 13, 15, 32, 33, 34, 39, 99/2, 114, 116, 118, 119, 120, 121 and 133 in Alinjivakkam Village, Dhandumedu Madura, Uthukottai Taluk, Tiruvallur District as per the directions passed by this Honourable Court in T.K.Shanmugam vs. State of Tamil Nadu and Ors in W.P.No.1294 of 2009 reported in (2015) 5 LW 397 (FB).

For Petitioner : Mr.Dineshkumar For Respondents : Mr.J.Ravindran, Additional Advocate General assisted by Mr.P.Muthukumar, State Government Pleader

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) We have heard the learned counsel appearing for the respective parties.

2. The writ petition has been filed seeking a direction to the respondents to remove the encroachments in the water bodies comprised in different survey numbers mentioned in the writ petition.

3. A counter has been filed by the State Government Pleader to indicate that the encroachments have already been removed.

4. Learned counsel for the petitioner disputes the aforesaid statement with regard to a few areas. However, it is seen that the encroachment in the larger area has been removed.

5. In view of the above, we close the writ petition with liberty to the petitioner that if any encroachment is made or exists, he may maintain a fresh writ petition, so that appropriate directions will be given for the specific area.

Consequently, the connected WMP is also closed. There will be no order as to costs.

Sd/- Deputy Registrar(CS) //True Copy// Sub Assistant Registrar RS To:

1. The Secretary to Government of Tamil Nadu, Public Works Department Chennai-9.

2. The District Collector, Tiruvallur District, Tiruvallur, Tamil Nadu. 602 001.

3. The Chief Engineer, Operation and Maintenance, PWD (WRO), Chepauk, Chennai-5.

4. The Executive Engineer Kosasthalai River Basin Division, Tiruvallur Division, Tiruvallur District. Tamil Nadu

5. The Commissioner, Ellapuram Panchayat Union, Periyapalayam, Tiruvallur District.

Tamil Nadu 601 102.

6. The Block Development Officer Rural Development Office, Ellapuram Panchayat Union, Periyapalayam, Tamil Nadu. 601 102

7. The Tahsildar, Uthukottai Taluk Office, Uthukottai, Tiruvallur District. Tamil Nadu 602 026.

W.P.No.32986 of 2018 & WMP.No.291 of 2019 GPL(CO) RLP(03/03/2022)